LIBRARY 

OF  THE 


UNIVERSITY  OF  CALIFORNIA 


GIFT    OF 


\ 

Class 


UNITED  STATES 

MILITARY  RESERVATIONS 

NATIONAL  CEMETERIES, 

and  MILITARY  PARKS 


TITLE; 
JURISDICTION 

Etc. 


PREPARED  IN  THE  OFFICE  OF  THE  JUDGE-ADVOCATE-GENERAL 
UNITED  STATES  ARMY 


REVISED 

By  LEWIS  W.  CALL,  Chief  Clerk  and  Solicitor 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 
1910 


WAR  DEPARTMENT, 

Document  No.  357. 

OFFICE  OF   THE   JUDGE- ADVOCATE-GENERAL. 


OF   THE 

UNIVERSITY 

OF 


UNITED  STATES  MILITARY  RESERVATIONS,  NATIONAL  CEME- 
TERIES, AND  MILITARY  PARKS. 


NOTE. — For  authorities  upon  the  subjects  of  "  Eminent  Domain,"  "  Jurisdic- 
tion," "  Taxation,"  and  "  Title,"  see  Appendix. 

Unimportant  licenses  and  short  term  leases  have  in  many  cases  been  omitted. 


ALABAMA. 

GENERAL  ACT  OF  SESSION. 

"SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and 
they  are  hereby  authorized  and  empowered  to  purchase,  acquire,  hold, 
own,  occupy,  and  possess  such  land  or  lands,  within  the  limits  of  this 
State,  as  they  shall  adjudge  it  expedient,  and  shall  seek  to  occupy 
and  hold  as  sites  on  which  to  erect  and  maintain  Forts,  Magazines, 
Arsenals,  dockyards,  and  other  needful  buildings,  or  any  of  them,  as 
contemplated  and  provided  in  the  United  States ;  said  purchase  to  be 
effected  either  by  contract  with  the  owner  or  owners  of  said  land,  or 
lands,  or  in  the  manner  hereinafter  provided." 

(Sec.  2  provides  for  acquiring  title  by  condemnation.) 
"  SEC.  3.  Be  it  further  enacted,  That  whenever  the  United  States 
shall  contract  for,  purchase  or  acquire  any  land  or  lands,  within  the 
limits  of  this  State,  for  the  purposes  aforesaid,  in  either  of  the  modes 
above  mentioned  and  provided,  and  shall  desire  to  acquire  constitu- 
tional jurisdiction  over  said  land  or  lands  for  said  purposes,  it  shall 
and  may  be  lawful  for  the  Governor  of  this  State,  upon  application 
made  to  him  in  writing,  on  behalf  of  the  United  States,  for  that 
purpose,  accompanied  by  the  proper  evidence  of  such  purchase,  con- 
tract, or  acquisition  of  record,  describing  the  land  or  lands  sought  to 
be  ceded  by  convenient  metes  and  bounds,  and  the  said  Governor  shall 
be,  and  he  is  hereby  authorized  and  empowered,  thereupon,  in  the 
name  and  on  behalf  of  this  State,  to  cede  to  the  United  States  exclu- 
sive jurisdiction  over  the  land  or  lands  so  purchased  or  acquired,  and 
sought  to  be  ceded,  the  United  States  to  hold,  use,  occupy,  own, 
possess  and  exercise  said  jurisdiction  over  the  same  for  the  purposes 
aforesaid,  and  none  other  whatsoever:  Provided  always,  That  the 
consent  aforesaid  is  hereby  given,  and  cession  aforesaid  is  to  be 
granted  and  made  as  aforesaid,  upon  the  express  condition,  that  this 
State  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  land  or  lands  to  be  ceded  and  every  portion  thereof,  so 
far  that  all  civil  and  such  criminal  process  as  may  issue  under  the 
authority  of  this  State,  against  any  person  or  persons  charged  with 
crimes  committed  without  the  boundaries  of  said  land  or  lands  so 


195263 


4  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

ceded,  may  be  executed  therein  in  the  same  way  and  manner  as 
though  this  cession  and  consent  had  not  been  made  and  granted: 
Saving,  however,  to  the  United  States,  security  to  their  property 
within  the  said  limits  and  extent,  and  exemption  of  the  same,  and  of 
said  land  or  lands,  from  any  tax  under  the  authority  of  this  State, 
whilst  the  same  shall  continue  to  be  owned,  held,  used,  and  occupied, 
by  the  United  States  for  the  purposes  above  expressed  and  intended, 
and  not  otherwise."  (Approved  January  28,  1848.) 

In  this  connection  see  also  an  act  of  the  State  Legislature,  approved 
December  1,  1837,  which  provides  as  follows: 

"  That  the  jurisdiction  of  this  State,  within  and  over  all  Forts  and 
Arsenals  that  may  be  established  and  erected  by  the  United  States 
within  the  limits  of  this  State,  shall  be,  and  the  same  is  hereby,  ceded 
to  the  United  States,  so  far  as  the  walls  or  permanent  enclosures  of 
the  same  shall  extend  and  no  further." 

See  also  Code  of  Alabama,  1896,  Vol.  1,  Sec.  626-629. 

FORT    GAINES. 

This  reservation  contains  about  983.9  acres,  and  is  situated  on  the 
eastern  end  of  Dauphin  Island,  in  Mobile  County. 

It  was  acquired  by  condemnation  under  final  decree  of  the  Court  of 
Chancery  for  the  First  District  of  the  Southern  Chancery  Division  of 
the  State  of  Alabama,  made  January  20,  1853. 

Jurisdiction  was  acquired  under  the  General  Act,  and  deed  of  the 
Governor,  dated  November  25,  1853,  as  contemplated  by  section  3  of 
said  Act. 

MOBILE    BAY. 

(Islands  in) 

This  reservation  comprises  two  islands  between  the  north  point  of 
Dauphin  Island  and  Cedar  Point,  at  the  confluence  of  Mobile  Bay 
and  Mississippi  Sound,  declared  and  set  apart  by  Executive  Order, 
dated  February  9,  1842. 

For  jurisdiction,  see  General  Act  of  Cession. 

MOBILE    NATIONAL    CEMETERY. 

This  reservation,  acquired  for  cemetery  purposes,  contains  in  all 
116,736  square  feet  of  ground,  and  is  situated  in  the  City  of  Mobile1. 
Title  was  acquired  as  follows : 

1.  Deed  from  the  City  of  Mobile  to  the  United  States,  dated  May 
31,  1866,  conveying  squares  numbered  20  and  24,  in  what  is  known  as 
the  "  New  Graveyard  "  or  "  Magnolia  Cemetery ;  "  area  of  ground 
conveyed,  110,976  square  feet.     Deed  recorded  in  Deed  Book  No.  27, 
N.  S.,  pp.  148-149,  of  the  Probate  Eecords  of  Mobile  County. 

2.  Deed  from  the  City  of  Mobile  to  the  United  States,  dated  July 
30,  1894,  conveying  a  strip  of  ground  south  of  and  adjoining  the  first- 
described  tract,  containing  an  area  of  5,760  square  feet.     Deed  re- 
corded in  Deed  Vol.  73,  pp.  326-327,  of  the  Probate  Kecords  of  Mobile 
County, 


ALABAMA.  5 

Jurisdiction  as  to  first-described  tract  was  ceded  by  an  Act  of  the 
General  Assembly  of  Alabama,  as  follows : 

"Be  it  enacted,  etc.,  That  the  State  does  hereby  cede  to  the  United 
States  all  right  and  title  which  this  State  now  has  to  the  enclosure 
within  the  limits  of  Magnolia  Cemetery,  in  the  City  of  Mobile,  which 
is  now  occupied  as  a  National  Military  Cemetery,  and  does  further 
cede  jurisdiction  over  said  enclosure;  Provided,  however,  That  all 
civil  and  criminal  process  issued  from  any  Court  of  this  State  under 
authority  of  law  may  run  and  be  executed  within  the  bounds  of  said 
National  Military  Cemetery  at  Mobile,  the  same  in  all  respects  as  if 
this  act  had  never  been  passed."  (Approved  March  6,  1875.) 

FORT    MORGAN. 

This  reservation  contains  about  493.92  acres,  and  is  situated  on 
Mobile  Point,  Baldwin  County,  on  the  eastern  side  of  entrance  to 
Mobile  Bay,  33  miles  from  Mobile. 

1.  Title  to  the  original  reservation  was  acquired  as  follows:  In- 
cluded in  the  cession  by  Spain  under  treaty  of  1819,  part  of  Western 
Florida.     Reserved  by  Executive  order  for  military  purposes  Febru- 
ary 13,  1844,  being  part  of  the  public  domain. 

2.  Under  decree  of  the  district  court  of  the  United  States  for  the 
southern  district  of  Alabama,  rendered  June  13,  1905  (copy  of  decree 
and  of  the  certificate  of  payment  of  the  award,  recorded  in  record 
book  No.  9  N  S,  pages  562-567,  probate  records  of  Baldwin  County) 
and  deed  from  the  Navy  Cove  Harbor  and  Railroad  Company,  dated 
June  13,  1905  (recorded  in  record  book  No.  10  N  S,  page  275),  the 
United  States  acquired  two  tracts  of  land,  aggregating  171.5  acres, 
adjoining  the  reservation  on  the  East.     See  G.  O.  No.  16,  W.  D., 
January  22,  1906. 

Jurisdiction  over  original  reservation  was  ceded  to  the  United 
States  by  an  act  of  the  State  Legislature,  approved  February  18,  1891 
(Acts  of  Alabama,  1891,  p.  1293),  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  pursuant  to  Article  One, 
Section  Eight,  Paragraph  Seventeen  of  the  Constitution  of  the  United 
States,  consent  to  purchase  is  hereby  given,  and  exclusive  jurisdic- 
tion ceded,  to  the  United  States,  over  and  with  respect  to  all  Lands 
now,  or  which  may  hereafter  be,  embraced  in  the  military  Posts  and 
Reservations  of  Mount  Vernon  Barracks,  in  Mobile  County,  and  Fort 
Morgan,  in  Baldwin  County,  so  long  as  the  United  States  shall  occupy 
the  same  for  public  purposes,  reserving,  however,  to  the  State,  a  con- 
current jurisdiction  for  the  execution  within  said  lands  of  all  process, 
civil  or  criminal,  lawfully  issued  by  the  Courts  of  the  State  and  not 
incompatible  with  this  cession." 

Jurisdiction  over  the  two  tracts  referred  to  above  ceded  by  Gov- 
ernor's deed  of  May  21,  1906,  under  authority  of  General  Act  of 
Cession. 

Revocable  Licenses:  License  June  14,  1888,  to  the  Mobile  and  Gulf 
Telegraph  Company  to  occupy  two  rooms  in  the  quarters  at  Fort 
Morgan. 

License,  September  16,  1908,  to  Mobile  Towing  &  Wrecking  Co. 
for  telegraph  line  and  station. 


6  UNITED   STATES    MILITAKY   RESERVATIONS,   ETC. 

PERDIDO    BAY. 

(West  side  of  entrance  to) 

This  reservation,  situated  west  of  Pensacola,  Fla.,  contains  298.8 
acres.  A  part  of  the  public  domain  ceded  by  Spain,  it  was  set  apart 
and  declared  for  military  purposes  by  Executive  Order,  dated  Febru- 
ary 9,  1842. 

For  jurisdiction,  see  General  Act  of  Cession. 

Revocable  lease  of  entire  reservation,  dated  November  20,  1908,  to 
J.  H.  Nunnelee,  for  five  years. 

TOWER    ISLAND. 

This  reservation  is  an  island  in  the  Gulf  of  Mexico  off  the  coast  of 
Alabama;  the  deed  of  cession  to  which  includes  all  the  contiguous 
shores,  flats  and  waters  within  1,000  yards  from  low-water  mark. 

Title  to  and  jurisdiction  over  this  island  were  ceded  by  an  act  of  the 
General  Assembly,  approved  December  9,  1859,  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  for  the  purpose  of  enabling 
the  United  States  to  carry  into  effect  an  act  of  Congress  of  March 
3rd,  1857,  providing  for  fortifications  for  the  defence  of  the  inner 
passes  into  Mobile  Bay  (known  as  Grant's  Pass  and  Pass  du  Heron) 
by  building  and  making  such  forts,  magazines,  arsenals,  dock-yards, 
wharves,  and  other  structures,  with  their  appendages,  as  may  be  nec- 
essary for  the  object  aforesaid,  jurisdiction  is  hereby  ceded  to  the 
United  States  over  the  said  '  Tower  Island,'  to  include  all  the  con- 
tiguous shores,  flats,  and  waters  within  one  thousand  yards  from  low 
water  mark,  and  all  the  right,  title  and  claim  which  this  State  may 
have  in  or  to  the  said  '  Tower  Island  '  are  hereby  granted  to  the 
United  States;  Provided,  however,  the  jurisdiction  ceded  by  this  act 
shall  not  prevent  the  execution  on  such  ceded  premises  of  process, 
civil  or  criminal,  under  the  authority  of  this  State,  nor  prevent  the 
laws  of  this  State  from  operating  over  said  island,  shores,  flats,  and 
waters,  saving  to  the  United  States  security  to  their  property  within 
the  limits  of  the  jurisdiction  ceded  and  exemption  of  the  same,  and 
of  such  land  and  property  from  taxation  under  the  authority  of  this 
State  during  the  jurisdiction  ceded  by  this  act." 

See  also  General  Act  of  Cession. 

ALASKA. 

The  following  are  the  reservations  for  right  of  way  and  stations 
for  the  use  of  the  Signal  Corps,  U.  S.  Army,  in  the  operation  and 
maintenance  of  military  telegraph  and  cable  lines  in  Alaska : 

Right  of  way.  A  strip  of  land  100'  wide  (50'  on  each  side  of  center 
of  telegraph  line)  along  the  United  States  military  telegraph  lines 
from  Valdez  to  Fort  Egbert;  from  Fort  Egbert  to  Boundary;  from 
Gulkana  Station  to  Fort  Gibbon ;  from  Baker  to  Rampart ;  from  Fort 
Gibbon  to  St.  Michael;  and  from  Safety  Harbor  to  Fort  Davis;  with 
an  aggregate  length  of  over  1400  miles  was  reserved,  subject  to  private 
rights,  by  Executive  Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5, 
1905),  as  amended  by  Executive  Order  of  October  23,  1907  (G.  O. 
224,  W.  D.,  November  5,  1907). 


ALASKA.  7 

STATIONS. 

Birches.  Lat.  65°  06',  Long.  153°  15'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area  :  22.956 
acres,  more  or  less. 

Cape  Fanshaw.  Lat  57°  11',  Long.  133°  33'.  Reserved  by  Ex- 
'ecutive  Order  of  February  26,  1907  (G.  O.  49,  W.  D.,  March  9,  1907). 
A  tract  of  public  land  at  Cape  Fanshaw,  at  the  junction  of  Frederick 
Sound  and  Fanshaw  Bay,  nearly  due  east  of  Sitka. 

Chena.  Lat.  64°  50',  Long.  148°  00'.  Reserved  by  Executive  Or- 
der of.  May  16,  1908  (G.  O.  93,  W.  D.,  May  27,  1908).  Area:  0.46 
acre,  more  or  less. 

Lease,  to  Tanana  Valley  Railroad  Company  of  approximately  one- 
half  of  Signal  Corps  lot  for  5  years  from  July  1,  1910. 

Chestochena.  Lat.  62°  30',  Long.  144°  51'.  Reserved  by  Execu- 
tive Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area: 
640  acres,  more  or  less. 

Circle.  Lat.  65°  36',  Lon.  144°  04'.  Reserved  by  Executive  Or- 
der of  September  30, 1908  (G.  O.  158,  W.  D.,  October's,  1908).  Area : 
0.71  acre,  more  or  less. 

Copper  Center.  Lat.  61°  59',  Long.  145°  31'.  Reserved  by  Ex- 
ecutive Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5, 1905) .  Area : 
640  acres,  more  or  less. 

Cordova.  Lat.  60°  33',  Long.  145°  43'.  Conveyed  by  deed  of 
George  C.  Hazelet,  trustee,  etc.,  dated  Feb.  1,  1909,  and  recorded  in 
Book  3  of  Deeds,  page  62,  of  the  records  of  Cordova  Precinct.  Area, 
about  2.066  acres.  Accepted  in  Army  Appropriation  Act  of  March 
3,  1909. 

Delta.  Lat.  64°  20',  Long.  146°  50'.  Reserved  by  Executive  Order 
of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area :  96.969  acres, 
more  or  less. 

Donnelly's.  Lat.  63°  42',  Long.  146°  03'.  Reserved  by  Executive 
Order  of  October  23,  1907  (G.  O.  224,  W.  D.,  November  5,  1907). 
Area :  640  acres,  more  or  less. 

Fairbanks.  Lat.  64°  50',  Long.  147°  45'.  Reserved  by  Executive 
Order  of  April  6,  1908  (G.  O.  66,  W.  D.,  April  29,  1908).  Area :  19 
acres,  more  or  less. 

Lot  25'x50'  on  Cushman  Street,  in  the  town  of  Fairbanks,  donated 
to  the  United  States  by  said  Town,  and  conveyed  by  deed  from  Tillie 
McChesney  to  the  United  States,  dated  August  23,  1904 ;  recorded  in 
Volume  2  of  Deeds,  page  189,  Recorder's  Office,  Fairbanks  recording 
district,  August  23,  1904.  Conveyance  accepted  by  Act  of  Congress, 
approved  May  11,  1908. 

Gakona.  Lat.  62°  23',  Long.  145°  30'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Gibbon,  Fort.  Lat.  65°  12',  Long.  152°  00'.  Addition  to,  for  mili- 
tary telegraph  purposes.  Area :  18.25  acres,  more  or  less.  See  Fort 
Gibbon  Reservation. 

Gulkana.  Lat.  62°  18',  Long.  145°  39'.  Reserved  by  Executive 
Order  of  November  24,  1908  (G.  O.  200,  W.  D.,  December  10,  1908). 
Area :  2.30  acres,  more  or  less. 

Hogan.  Lat.  62°  44',  Long.  145°  55'.  Reserved  by  Executive 
Order  of  March  3,  1908  (G.  O.  34,  W.  D.,  March  14,  1908).  Area: 
640  acres,  more  or  less. 


8  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

Hot  Springs.  Lat.  64°  58',  Long.  151°  10'.  Keserved  by  Execu- 
tive Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Original 
area  of  40  acres  was  reduced  by  Executive  Order  of  September  27, 
1909  (G.  O.  208,  W.  D.,  October  16,  1909),  to  6.1  acres. 

Kaltag.  Lat.  64°  15',  Long.  158°  40'.  Eeserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  2.766 
acres,  more  or  less. 

Ketchumstock.  Lat.  64°  03',  Long.  142°  40'.  Reserved  by  Execu- 
tive Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905)".  Area: 
160  acres,  more  or  less. 

Keystone.  Lat.  61°  04',  Long.  146°  09'.  Reserved  by  Executive 
Order  of  December  7,  1905  (G.  O.  208,  W.  D.,  December  22,  1905). 
Area :  640  acres,  more  or  less. 

Kokrines.  Lat.  64°  53',  Long.  154°  30'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  8.262 
acres,  more  or  less. 

Koyukuk.  Lat.  64°  15',  Long.  157°  30'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908) .  Area :  22.956 
acres,  more  or  less. 

Louden.  Lat.  64°  37',  Long.  156°  35'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area: 
22.956  acres,  more  or  less. 

McCallum's.  Lat.  63°  17',  Long.  145°  50'.  Reserved  by  Executive 
Order  of  October  23,  1907  (G.  O.  224,  W.  D.,  November  5,  1907). 
Area :  640  acres,  more  or  less. 

Melozi.  Lat.  64°  44',  Long.  155°  28'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area :  18.319 
acres,  more  or  less. 

Mentasta.  Lat.  62°  55',  Long.  143°  46'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Minto.  Lat.  64°  48',  Long.  148°  58'.  Reserved  by  Executive 
Order  of  January  18,  1908  (G.  O.  19,  W.  D.,  January  31,  1908). 
Area :  45.91  acres,  more  or  less. 

Montague  Point,  Lat.  60°  25',  Long.  147°  07'.  Reserved  by 
Executive  Order  of  October  26,  1908  (G.  O.  176,  W.  D.,  November  7, 
1908.  On  Montague  Island,  Prince  William  Sound. 

Nenana.  Lat.  64°  40',  Long.  148°  30'.  Reserved  by  Executive 
Order  of  May  4, 1908  (G.  O.  90,  W.  D.,  May  23, 1909) .  Area :  51.652 
acres,  more  or  less. 

Nome.  Lat.  64°  30',  Long.  165°  23'.  Reserved  by  Executive 
Order  of  February  27,  1909  (G.  O.  55,  W.  D.,  March  23,  1909). 
Blocks  Nos.  88,  89  and  122  in  the  City  of  Nome. 

Northfork.  Lat.  64°  28',  Long.  142°  10'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  240 
acres,  more  or  less. 

Nulato.  Lat.  64°  42',  Long.  158°  00'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  0.821 
acre,  more  or  less. 

Old  Woman.  Lat.  64°  05',  Long.  159°  40'.  Reserved  by  Execu- 
tive Order  of  September  21,  1905  (G.  O.  161,  W.  D.,  September  30, 
1905),  as  amended  by  Executive  Order  of  August  1,  1907  (G.  O.  175, 
W.  D.,  August  23,  1907) .  Area :  29.48  acres,  more  or  less. 


ALASKA.  9 

Paxsorts.  Lat.  63°  04',  Long.  145°  51'.  Reserved  by  "Executive 
Order  of  October  23,  1907  (G.  O.  224,  W.  D.,  November  5,  1907). 
(a)  Station  Reserve.  Area:  2.30  acres,  more  or  less,  (b)  Timber 
Reserve.  Area :  480  acres,  more  or  less. 

Rampart.  Lat.  65°  30',  Long.  150°  15'.  Reserved  by  Executive 
Order  of  June  15, 1909  (G.  O.  No.  123,  W.  D.,  June  23,  1909).  Com- 
prises Lots  6,  7,  and  8  of  Block  5  of  the  Town  of  Rampart ;  each  lot 
being  50  feet  front  by  100  feet  in  depth.  These  lots  have  been  occu- 

Eied  by  the  United  States  since  1889,  when  quitclaim  deeds  were  taken 
:om  the  occupants  who  were  mere  squatters  thereon — the  title  re- 
maining in  the  United  States. 

Rapids.  Lat.  65°  16',  Long.  150°  45'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area :  21.235 
acres,  more  or  less. 

Richardson.  Lat.  64°  20',  Long.  146°  28'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  0.327 
acre,  more  or  less. 

Safety  Harbor.  Lat.  64°  27',  Long.  164°  45'.  Reserved  by  Execu- 
tive Order  of  September  21,  1905  (G.  O.  161,  W.  D.,  September  30, 
1905).  Area:  14.776  acres,  more  or  less. 

Saina.  Lat.  61°  12',  Long.  145°  43'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Salcha.  Lat.  64°  33',  Long.  147°  15'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  96.969 
acres,  more  or  less. 

Seward.  Lat.  60°  06',  Long.  149°  27'.  Reserved  by  Executive 
Order  of  July  3,  1905  (G.  O.  116,  W.  D.,  July  19,  1905). 

Sitka.  Lat.  57°  03',  Long.  135°  19'.  By  Executive  Order  of  April 
4,  1908  (G.  O.  61,  W.  D.,  April  21,  1908),  a  parcel  of  land  in  Sitka, 
included  in  the  reservations  for  public  purposes,  made  on  the  recom- 
mendation of  the  Secretary  of  the  Interior,  dated  June  19,  1890,  by 
Executive  Order  of  June  21,  1890,  was  transferred  from  the  Navy 
Department  to  the  War  Department  for  the  purposes  of  a  cable  house 
and  station. 

Teikheil.  Lat,  61°  25',  Long.  145°  20'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  640 
acres,  more  or  less. 

Tolovana.  Lat.  64°  50',  Long.  149°  55'.  Reserved  by  Executive 
Order  of  May  4,  1908  (G.  O.  90,  W.  D.,  May  23,  1908).  Area:  9.848 
acres,  more  or  less. 

Tonsina.  Lat.  61°  40',  Long.  145°  17'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).  Area:  280 
acres,  more  or  less. 

Unalaklik.  Lat.  63°  45',  Long.  160°  48'.  Reserved  by  Executive 
Order  of  February  24,  1906  (G.  O.  47,  W.  D.,  March  5,  1906).  Area: 
6.26  acres,  more  or  less. 

Valdez.  Lat.  61°  07',  Long.  146°  17'.  Reserved  by  Executive 
Order  of  March  10,  1903;  amended  by  Executive  Order  of  June  30, 
1904  (G.  O.  166,  W.  D.,  October  26,  1904).  Area:  22,946  square  feet, 
more  or  less. 

Workmans.  Lat.  61°  07',  Long.  145°  56'.  Reserved  by  Executive 
Order  of  May  24,  1905  (G.  O.  83,  W.  D.,  June  5,  1905).'  Area:  450 
acres,  more  or  less,  depending  on  course  of  military  trail  and  river. 


10  UNITED   STATES   MILITARY   RESERVATIONS;   ETC. 

AMAKNAK    ISLAND. 

This  reservation  embraces  the  whole  island,  situated  in  Dutch 
Harbor,  except  the  tract  of  land  reserved  for  light-house  purposes  by 
Executive  Order,  dated  January  13,  1899,  and  the  tract  embraced  in 
amended  survey  58  of  the  North  American  Commercial  Company. 
It  is  part  of  the  original  purchase  from  the  Russian  Government  in 
1867,  and  was  set  apart  and  declared  for  public  purposes  by  Execu- 
tive Order,  dated  April  2,  1901. 

Under  date  of  July  9,  1901,  the  Secretary  of  War  approved  the 
occupancy  by  the  Interior  Department,  of  a  triangular  parcel  of  land 
between  the  light-house  tract  and  the  tract  of  the  North  American 
Commercial  Company,  for  school  purposes.  Such  occupancy,  how- 
ever, being  subject  to  the  condition  that  should,  at  any  time  in  the 
future,  the  military  situation  demand  it,  the  premises  be  vacated  by 
the  Department  of  the  Interior. 

FORT  DAVIS. 

This  reservation  is  situated  at  the  mouth  of  the  Nome  River,  about 
3|  miles  from  Nome.  The  title  is  as  follows:  By  purchase  from  the 
Russian  Government  in  1867,  and  set  apart  by  Executive  order  dated 
December  8,  1900. 

Revocable  Licenses:  License,  February  27,  1902,  to  W.  H.  Rowe  to 
construct,  operate,  and  maintain  a  telephone  line  along  the  beach  or 
shore  line  of  the  reservation. 

License,  July  21.  1902.  to  Chas.  G.  Horsfall  et  al.  to  maintain  one 
end  of  the  Nome  River  Bridge  upon  the  reservation. 

License,  dated  December  27,  1905,  to  the  Seward  Cooperative 
Telephone  Company,  to  construct,  operate,  and  maintain  a  telephone 
line. 

DYE  A. 

This  reservation,  in  the  vicinity  of  Dyea,  contains  1,280  acres,  and 
is  situated  north  of  the  dock  of  the  Dyea  Klondike  Transportation 
Company.  The  title  is  as  follows:  By  purchase  from  the  Russian 
Government  in  1867,  and  set  apart  for  military  purposes  by  Execu- 
tive Order,  dated  December  31,  1898. 

FORT  EGBERT. 

This  reservation  is  situated  at  the  mouth  of  Mission  Creek  at  a 
point  known  as  "  Eagle  City."  The  title  is  as  follows:  By  purchase 
from  the  Russian  Government  in  1867  and  set  apart  for  military 
purposes  by  Executive  Order,  dated  June  13,  1899.  It  was  enlarged 
by  Executive  Order,  dated  March  31,  1900;  reduced  by  Executive 
Orders,  dated  July  23,  1900,  and  January  25, 1904;  and  further  modi- 
fied by  Executive  Order  of  March  3,  1906  (G.  O.  54,  W.  D.,  March 
16,  1906),  by  including  additional  public  lands  and  excluding  a  por- 
tion of  the  reservation  found  to  be  useless  for  military  purposes — the 
latter  being  placed  under  control  of  the  Secretary  of  the  Interior 
under  act  of  July  5,  1884  (1  Sup.  R.  S.,  453). 


ALASKA.  11 

Revocable  Licenses:  License,  December  14,  1899,  by  Commanding 
Officer,  District  of  North  Alaska,  to  superintendent  of  Catholic  Mis- 
sion to  occupy  for  church  and  mission  purposes  the  following  lots  in 
Eagle :  Lot  5  of  block  6 ;  western  half  of  lot  4  of  block  6 ;  lots  7  and 
10  of  block  6 ;  lots  8,  9,  10  and  11  of  block  11.  License  approved  by 
Secretary  of  War,  February  12,  1900. 

License,  December  14,  1899,  by  Commanding  Officer,  District  of 
North  Alaska,  to  superintendent  of  Presbyterian  Mission  to  occupy 
for  church  and  mission  purposes  the  following  lots  in  Eagle:  All 
lots  comprised  in  block  18.  License  approved  by  Secretary  of  War, 
February  12,  1900. 

License,  April  23,  1900,  to  Emile  Quarre  to  occupy  and  reside  upon 
lots  5  and  6  of  block  7,  Chamberlain's  survey  of  Eagle. 

License,  April  23,  1900,  to  Emile  Quarre,  to  occupy,  for  the  pur- 
pose of  trading  and  commerce,  lots  11,  12  and  13,  block  1,  and  lot  1, 
block  8,  Chamberlain's  survey  of  Eagle. 

License,  May  11,  1900,  to  Agent,  North  American  Transportation 
and  Trading  Company  to  occupy  for  mercantile  purposes:  Lots  2, 
12,  13,  14,  15,  16,  and  a  portion  of  lot  17,  in  block  8,  Chamberlain's 
survey  of  Eagle;  also  a  piece  of  ground  of  about  4  lots  lying  in  the 
"  upper  town-site,"  above  the  eddy  in  the  Yukon  River,  which  is 
improved  with  fence  and  cabin,  and  is  intended  for  an  out-of-town 
warehouse. 

License,  March  27,  1901,  to  members  of  the  Post  Exchange,  to 
erect  a  building  for  Post  Exchange  use. 

FORT    GIBBON. 

This  reservation  is  located  at  the  point  where  the  Tanana  River 
joins  the  Yukon.  A  part  of  the  public  lands  acquired  by  purchase 
from  the  Russian  Government  in  1867,  it  was  set  apart  for  military 
purposes  by  Executive  Order,  dated  July  10,  1899. 

This  reservation  was  modified  by  Executive  Order  of  July  19, 
1905  (G.  O.,  129,  W.  D.,  August  3,  1905),  by  adding  thereto  a^strip 
of  land  along  the  eastern  boundary,  approximately  100  yards  in 
width,  together  with  the  island  known  as  "  Bull  Island,"  and  by 
excluding  therefrom  other  lands  as  described  in  said  order.  The 
excluded  lands  were  by  the  same  order  transferred  to  the  Secretary 
of  the  Interior  for  disposition  under  the  act  of  July  5,  1884  (1  Sup. 
R.  S.,  453),  or  as  may  be  otherwise  provided  by  law.  Area  about 
38,170  acres. 

By  Executive  order  of  July  25,  1908  (G.  O.  126,  W-  D.,  August  10, 
1908),  an  addition  of  18.25  acres  was  made  for  military  telegraph 
purposes;  the  said  addition  including  part  of  the  homestead  entry 
of  Arthur  J.  Campbell ;  which  entry  was  relinquished,  as  to  so  much 
of  the  land  as  is  covered  by  said  order,  by  deed  dated  March  23,  1908, 
and  recorded  in  Vol.  2  of  Deeds,  page  250,  Rampart  Recording 
District. 

JAPONSKI    ISLAND. 

This  reservation  embraces  the  whole  island  situated  directly  oppo- 
site the  town  of  Sitka.  It  was  reserved  by  Executive  Order,  dated 
June  21,  1890,  for  military  and  naval  purposes. 


12  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

FORT    LI  SCUM. 

This  reservation,  originally  containing  1,600  acres,  is  located  on  the 
shore  line,  at  Port  Valdez.  A  part  of  the  public  domain  acquired  by 
purchase  from  the  Russian  Government  in  1867,  it  was  set  apart  for 
military  purposes  by  Executive  Order,  dated  July  18,  1900.  By 
Executive  Order,  dated  December  31,  1903  (G.  O.,  No.  10,  W.  D., 
January  14,  1904),  the  area  of  the  reservation  was  reduced  to  659.89 
acres. 

Revocable  License:  License,  September  26,  1902,  to  Louis  L.  Wil- 
liams to  construct  and  use  a  wagon  road  across  the  reservation. 

FORT   LISCUM    TARGET  RANGE. 

By  Executive  Order  of  October  26,  1906  (G.  O.,  No.  186,  W.  D., 
November  12,  1906),  a  tract  of  about  1,700  acres,  lying  on  the  glacial 
flats  of  Valdez  Glacier,  and  the  mountain  side  to  the  west  and  situated 
north  of  the  town  of  Valdez,  was  reserved,  subject  to  private  rights, 
and  set  part  as  a  target  range  for  the  use  of  the  troops  of  Fort 
Liscum. 

POINT    SPENCER. 

This  reservation  includes  the  northern  end  of  Point  Spencer.  The 
title  is  as  follows:  Part  of  the  original  purchase  from  the  Russian 
Government  by  the  United  States  in  1867,  and  reserved  for  public 
purposes  by  Executive  Order  dated  January  23,  1900. 

Revocable  License:  License,  July  12,  1901,  to  the  Pacific  Steam 
Whaling  Company  to  occupy  for  wharf  and  warehouse  purposes  a 
portion  of  the  sand  spit  at  Point  Spencer. 

FORT   ST.    MICHAEL. 

This  reservation  formerly  contained* the  land  known  as  St.  Michael 
Island,  with  all  contiguous  lands  and  islands  within  100  miles  of  the 
flagstaff  of  the  garrison  on  that  island,  October  20,  1897.  The  title 
is  as  follows:  A  part  of  the  public  domain  ceded  by  Russia  to  the 
United  States  in  1867,  is  was  declared  a  military  reservation  by 
Executive  Order,  dated  October  20,  1897.  By  Executive  Order, 
dated  October  27,  1900,  all  lands  in  the  limits  of  Fort  St.  Michael, 
except  those  embraced  wTithin  the  Island  of  St.  Michael,  and  all  other 
lands  or  islands  lying  within  a  radius  of  10  miles  of  the  flagstaff  of 
the  post  of  St.  Michael,  were  placed  under  the  control  of  the  Secre- 
tary of  the  Interior  for  disposition,  under  act  of  Congress,  July  5, 
1884. 

Revocable  licenses  have  been  granted  to  many  individuals  and  cor- 
porations to  reside  and  conduct  business  enterprises  on  the  reservation. 

Executive  Order  of  June  8,  1906  (G.  O.  No.  114,  War  Department, 
June  20,  1906)  provided  for  the  relinquishment  of  the  reservation 
November  1,  1907,  except  the  tracts  therein  described  as  reserved  for 
(1)  "Post  of  Fort  St.  Michael;"  (2)  "Quartermaster's  depot  and 
shipyard;"  (3)  "Wireless  telegraph  station;"  (4)  "Target  range 
(for  collective  fire)  ;"  and  rights  of  way  connecting  the  post  reserva- 
tion with  the  reservations  for  wireless  telegraph  station  and  for  target 
range.  The  order  of  June  8,  1906,  was  revoked  by  Executive  order 


ARIZONA.  13 

of  May  16,  1907  (G.  O.  113,  W.  D.,  May  24,  1907),  so  that  the  reser- 
vation stands  as  fixed  by  the  Executive  order  of  October  27,  1900, 
supra. 

FORT  WILLIAM  H.  SEWARD. 

This  post  is  situated  at  Haines  in  the  vicinity  of  Dyea,  on  Chilkat 
Inlet,  Alaska.  The  reservations  for  the  post  are  the  "  main  reserve," 
area  about  4,410  acres;  the  "  clay  reserve,"  area  about  5.74  acres;  and 
the  "  water  reserve  " — the  metes  and  bounds  of  these  reserves  being 
given  in  the  Executive  order  of  April  23,  1909  (G.  O.  No.  89,  W.  D., 
May  4,  1909).  By  Executive  order  of  December  31,  1898,  a  tract 
of  about  1,280  acres  was  reserved ;  which  tract  was  enlarged  by  Execu- 
tive order  of  November  21,  1902,  and  a  reservation  made  to  secure  a 
clay  deposit  for  making  roads.  By  Executive  order  of  November  27, 
1905,  a  reservation  was  made  for  water  supply.  These  several  reser- 
vations having  been  inaccurately  described,  they  were  redeclared  by 
Executive  order  of  April  23,  1909,  supra,  a  small  addition  being  made 
to  the  main  reserve. 

Revocable  Licenses :  License  September  13,  1904,  to  A.  R.  Young  to 
erect  a  building  upon  the  reservation  and  to  conduct  therein  a  laundry. 

License,  April  7,  1909,  to  Board  of  Home  Missions  of  the  Presby- 
terian Church  in  the  United  States  of  America,  jointly  with  the  Town 
of  Haines,  Alaska,  to  make  connection  with  and  obtain  a  water  supply 
for  fire  and  domestic  purposes,  from  the  Water  Supply  System  of  this 
Post. 

SKAGWAY. 

This  reservation  contains  466.12  acres  situated  on  Skagway  River 
near  Skagway.  The  title  is  as  follows:  Part  of  the  public  domain 
ceded  by  Russia  to  the  United  States  in  1867,  and  declared  a  military 
reservation  by  Executive  order  dated  May  21,  1903. 

ARIZONA. 

FORT  APACHE. 

This  reservation  contains  an  area  of  7,579.75  acres,  with  metes  and 
bounds  as  given  in  G.  O.  No.  162,  W.  D.,  August  4,  1909.  It  includes 
that  portion  of  the  White  Mountain  Indian  Reservation  situated  in 
Townships  4  and  5  North,  Range  23  East,  Navajo  County,  restored 
to  the  public  domain  by  Executive  Order  dated  January  26,  1877, 
and  declared  a  military  reservation  by  Executive  Order  dated  Feb- 
ruary 1,  1877. 

Revocable  License:  License,  September  28,  1899,  to  Charles  Ben- 
son to  establish  a  milk  ranch  on  the  reservation.  Subsequently,  with 
the  approval  of  the  Post  Commander,  Mr.  Benson  transferred  his 
improvements  to  M.  Jesus  Valasquez. 

FORT  GRANT. 

This  reservation  contains  an  area  of  42.341  acres,  more  or  less,  and 
is  situated  in  Townships  8,  9  and  10  South,  Ranges  23  and  24  East, 
Graham  County.  Title  is  as  follows:  Public  lands  of  the  United 
States,  reserved  for  military  purposes  by  Executive  Order  of  April 
17, 1876.  (G.  O.,  Dept.  Ariz..  May  17,  1876.) 


14  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

By  Executive  Order,  dated  October  6,  1906  (G.  O.  No.  177,  War 
Department,  October  17,  1906),  a  considerable  portion  of  this  res- 
ervation was  incorporated  in  the  Mount  Graham  Forest  Reserve  to 
be  protected  and  administered  as  a  forest  reserve,  but  "  subject  to 
the  unhampered  use  of  the  War  Department  for  military  purposes." 

Revocable  Licenses:  License,  September  27,  1904.  to  Mr.  and  Mrs. 
Sam  Earls  to  occupy  for  residential  and  laundry  purposes  Building 
No.  41. 

License,  September  27,  1904,  to  Mrs.  Susan  Earls  to  occupy  for 
residential  and  laundry  purposes  Building  No.  41. 

License,  September  27,  1904,  to  Marlove  S.  Deputy  to  occupy  as  a 
residence  and  dentist's  office  the  building  on  the  reservation  known 
as  the  old  hotel  building. 

License,  September  27,  1904,  to  Chins:  Kee  to  occupy  for  residen- 
tial and  laundry  purposes  a  building  erected  by  himself  upon  the 
reservation. 

FORT  HUACHUCA. 

This  reservation  contains  an  area  of  70  square  miles  and  is  situated 
in  Townships  21,  22,  and  23  South,  Ranges  19  and  20  (extended), 
Cochise  County.  Title  is  as  follows:  Public  lands  of  the  United 
States  reserved  for  military  purposes  by  Executive  Orders  of  Octo- 
ber 29,  1881,  and  May  14,  1883. 

Revocable  Licenses:  License,  September  2, 1904,  to  Louis  Ma  Wing 
to  conduct  a  restaurant  business  upon  the  reservation,  heretofore  con- 
ducted by  him  under  permission  of  the  post  commander. 

License,  September  2,  1904,  to  Wing;  Sing  to  conduct  a  laundry 
business  upon  the  reservation,  heretofore  conducted  by  him  under 
permission  of  the  post  commander. 

License,  September  2,  1904.  to  Ma  Yu  to  conduct  a  laundry  busi- 
ness upon  the  reservation,  heretofore  conducted  by  him  under  per- 
mission of  the  post  commander. 

License,  September  2,  1904,  to  O.  Cozby  to  conduct  a  photographic 
business  upon  the  reservation,  heretofore  conducted  by  him  under 
permission  of  the  post  commander. 

MILITIA  TARGET  RANGES. 

Near  Tucson.  This  range  comprises 'sections  19,  30,  and  31,  Town- 
ship 14  South,  Range  15  East,  Gila  and  Salt  River  Meridian;  and  was 
reserved  for  use  by  the  organized  militia  of  the  Territory  of  Arizona, 
as  a  rifle  range,  by  Executive  Order  of  November  13,  1909. 

Near  Phoenix.  By  order  of  the  Secretary  of  the  Interior  of  May  11, 
1909,  the  SE.  J,  section  32;  and  the  SW.  J,  section  33;  Township  2 
North,  Range  4  East,  were  restored  to  the  public  domain,  so  far  as 
affected  by  certain  withdrawals  for  the  reclamation  service ;  and  were 
reserved  for  use  as  a  rifle  range  for  the  militia  of  the  Territory  of 
Arizona.  Area :  320  acres. 

WHIPPLE  BARRACKS. 

This  reservation  contains  an  area  of  1,731.55  acres,  and  is  situated 
in  Township  14  North,  Range  2  West,  1  mile  from  Prescott,  in 
Yavapai  County. 


ARKANSAS.  15 

Title  is  as  follows:  Public  land  of  the  United  States,  reserved  by 
Executive  Order  dated  August  31,  1869,  as  modified  by  Executive 
Order  of  October  19,  1875.  (See  G.  O.  34,  Dept.  Arizona,  Novem- 
ber 23,  1875,  relocating  and  giving  boundaries  of  reservation.) 

Easements:  Acts  of  Congress,  approved  February  28, 1887,  granted 
a  right  of  way  across  the  reservation  to  the  Prescott  and  Arizona 
Central  Railway  Company. 

Act  of  Congress  approved  February  18,  1893,  granted  a  right  of 
way  across  the  reservation  to  the  Santa  Fe,  Prescott  and  Phoenix 
Railway  Company. 

Revocable  Licenses:  'License,  June  15,  1895,  to  Private  Richard  L. 
Tea,  retired,  to  construct,  maintain,  and  use  a  one-room  frame  house 
on  the  reservation. 

License,  April  10,  1896,  to  the  Western  Union  Telegraph  Company 
to  construct  a  line  through  the  reservation  adjacent  to  the  right  of 
way  of  the  Santa  Fe,  Prescott  and  Phoenix  Railroad. 

License,  May  17,  1898,  to  T.  E.  Fitzsimmons  to  dig  dirt  from  a 
portion  of  the  reservation  for  the  purpose  of  making  brick. 

License,  September  7,  1904,  to  Mrs.  Teresa  Greenwood,  to  occupy 
one-story  frame  house,  and  outbuildings. 

License,  June  26,  1905,  to  the  Prescott  and  Mount  Union  Railway 
Company  to  construct  and  maintain  a  line  of  electric  railway. 

License,  September  23,  1905,  to  Mr.  Charles  Bauer  to  occupy,  im- 
prove, and  maintain  an  existing  dwelling  house. 

License,  March  17, 1906,  to  the  Prescott  Electric  Company,  to  main- 
tain and  operate  its  existing  telephone  line. 

License,  dated  December  4,  1909,  to  The  Arizona  Power  Company 
for  tower  electric  transmission  line. 

WHIPPLE    BARRACKS   TARGET    RANGE. 

This  reservation  contains  approximately  1,680  acres  and  is  situated 
in  Yavapai  County. 
The  title  is  as  follows : 

1.  Set   apart   and  declared   for   military   purposes   by   Executive 
Order,  dated  August  18,  1904.     (G.  O.  154,  W.  D.,  Sept.  16,  1904.) 

2.  Quitclaim  deed  from  the  Santa  Fe  and  Pacific  Railway  Com- 
pany, dated  April  29,  1904,  conveying  760  acres. 

3.  About  40  acres  were  added  to  this  reservation  by  deed  dated  De- 
cember 8,  1904,  from  John  H.  Smith,  bachelor,  and  from  the  city  of 
Prescott;  recorded  in  Book  69  of  Deeds,  pages  439-441,  records  of 
Yavapai  County,  Ariz.;  conveying  NW.  J  of  SW.  J  of  section  2, 
Township  14  N.,  Range  2  W.,  Gila  and  Salt  River  Meridian.     (See 
G.  O.  13,  W.  D.,  February  2,  1905.)- 

ARKANSAS. 

ARMY   AND    NAVY    GENERAL    HOSPITAL. 

This  reservation  contains  20  acres  and  is  situated  at  Hot  Springs. 

It  was  acquired  by  the  Interior  Department  under  acts  of  Congress 
of  March  3,  1877  (19  Stat.  L.,  371),  December  16,  1878  (20  id.,  258), 
and  June  16,  1880  (21  id.,  289).  By  act  of  Congress  of  June  30,  1882 
(22  id.,  121),  making  an  appropriation  for  an  "Army  and  Navy  Hos- 


16  UNITED   STATES   MILITAKY   KESERVATIONS,   ETC. 

pital  at  Hot  Springs,  Arkansas,"  it  was  provided  that  "  such  hospital 
shall  be  erected  on  the  government  reservation  at  or  near  Hot  Springs, 
Arkansas." 

FAYETTEVILLE   NATIONAL   CEMETERY. 

This  reservation  contains  an  area  of  6.63  acres,  and  is  situated  near 
Fayetteville,  in  Washington  County.  Title  is  as  follows : 

Tract  A.  Deed  from  David  Walker,  dated  May  20,  1867,  and 
recorded  May  27,  1867,  in  Deed  Record  Q,  page  268,  of  the  records 
of  deeds  at  Fayetteville,  Washington  County. 

Tract  B.  Deed  from  Stephen  K.  Stone  and  wife,  dated  June  14, 
1867,  and  recorded  July  26,  1867,  in  Deed  Record  Q,  page  341,  of 
same  records. 

Tract  C.  Deed  from  David  Walker,  dated  March  2,  1875,  and 
recorded  May  14,  1875,  in  Desd  Record  Y,  page  413,  of  same  records. 

Tract  D.  Deed  from  Stephen  K.  Stone  and  wife,  dated  April  8, 
1873,  and  recorded  August  27,  1873,  in  Deed  Record  X,  page  195,  of 
same  records.  Deed  from  Stephen  K.  Stone  and  wife,  dated  Feb- 
ruary 3,  1875  (rectifying  mistake  in  deed  of  April  8,  1873),  recorded 
March  16,  1875,  in  Deed  Record  Y,  pages  315-316,  of  same  records. 

Jurisdiction  was  ceded  over  National  Cemeteries  by  the  following 
act  of  the  State  Legislature,  approved  February  21,  1867,  as  follows : 

"An  act  concerning  National  Cemeteries:  Whereas  by  a  resolution 
of  Congress  approved  April  13,  1866,  the  Secretary  of  War  was 
authorized  and  required  to  take  immediate  measures  to  preserve  from 
desecration  the  graves  of  the  soldiers  of  the  United  States  who  fell  in 
battle,  or  died  of  disease  in  the  field,  and  in  the  hospital,  during  the 
war  of  the  rebellion,  and  to  secure  suitable  burial  places  in  which 
they  may  be  properly  interred ;  And  Whereas,  The  Secretary  of  War 
is  about  to  purchase  suitable  grounds  within  the  limits  of  this  State 
for  the  establishment  thereon  of  '  National  Cemeteries,'  within  which 
are  to  be  buried  the  bodies  of  those  described  in  said  resolution,  And 
Whereas,  It  is  provided  in  Paragraph  1059,  United  States  Army 
Regulations  as  revised  A.  D.  1863,  that  previous  to  the  expenditure 
of  any  money,  in  the  purchase  of  any  land  within  any  State  of  the 
United  States  for  the  use  of  the  General  Government,  the  Legisla- 
ture of  the  State  within  which  such  purchase  shall  be  made,  shall  first 
cede  all  jurisdiction  over  such  land. 

"  SECTION  1.  Be  it  therefore  enacted,  etc.,  That  the  jurisdiction  of 
this  State  within  and  over  all  lands  purchased  by  the  United  States, 
on  which  such  National  Cemeteries  may  be  established  within  the 
limits  of  this  State,  shall  be  and  the  same  is  hereby  ceded  to  the 
United  States  so  far  as  the  permanent  inclosures  of  such  '  National 
Cemeteries '  may  extend  and  no  farther." 

HOT  SPRINGS  RESERVATION. 

See  Army  and  Navy  General  Hospital. 

LITTLE  ROCK  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  12.12  acres;  is  part  of  S.  E.  | 
of  Section  11,  Township  1  North,  Range  12  West,  and  is  situated  near 
Little  Rock,  in  Pulaski  County.  Title  is  as  follows : 


AKKANSAS.  17 

1.  Deed  from  the  City  of  Little  Rock,  dated  September  18,  1866, 
conveying  9.10   acres  within   the   inclosure   of   Oakland   Cemetery. 
Deed  not  recorded. 

2.  Deed  from  the  City  of  Little  Rock,  dated  April  9,  1868,  em- 
braces the  9.10  acres  above  described  as  purchased  September  18, 
1866,  together  with  3.02  acres  recently  purchased,  making  a  total  of 
12.12  acres.     Recorded  January  7,  1869,  in  Record  Book  No.  2,  pages 
302-306,  of  the  deed  records  of  Little  Rock,  Pulaski  County. 

Jurisdiction :  See  Fayetteville  National  Cemetery. 


FORT  LOGAN  H.  ROOTS. 


This  reservation  contains,  after  deducting  reserved  tracts,  an  area 
of  1,070  acres,  and  is  a  part  of  Sections  20,  21,  28  and  29,  Township 
2  North,  Range  12  West,  in  Pulaski  County,  near  Little  Rock. 

Title  is  as  follows:  (The  site  was  purchased  under  authority  of  an 
act  of  Congress  entitled  "An  Act  to  establish  a  Military  Post  near 
Little  Rock,  Arkansas,"  approved  A.pril  23,  1892).  Deed  from  Board 
of  Improvements  for  City  Park,  District  of  Little  Rock,  Ark.,  dated 
February  18,  1893 ;  recorded  March  18,  1893,  in  Record  Deed  Book 
38,  page  613,  Deed  Records  of  Pulaski  County.  The  purchase  and 
transfer  accepted  and  approved  under  the  Act  of  Congress  (supra) 
by  the  Secretary  of  War,  March  2,  1893. 

The  consent  to  the  purchase  of  and  jurisdiction  over  said  lands  was 
ceded  to  the  United  States,  by  an  Act  of  the  State  Legislature,  ap- 
proved February  25,  1893,  which  provides  as  follows: 

"  SECTION  1.  The  consent  of  the  State  of  Arkansas  is  hereby  granted 
to  the  United  States  of  America  to  purchase  or  acquire  real  property 
of  not  more  than  fifteen  hundred  acres  in  extent,  in  Pulaski  County, 
in  said  State,  for  the  purpose  of  a  military  post,  fort,  arsenal  or 
reservation. 

"SEC.  2.  Exclusive  jurisdiction  over  such  military  post,  fort,  arse- 
nal or  reservation,  and  the  territory  thereof,  is  hereby  ceded  and 
granted  to  the  said  United  States  to  be  exercised  so  long  as  the  same 
shall  remain  the  property  of  the  said  United  States. 

"  SEC.  3.  The  State  of  Arkansas  hereby  releases  and  relinquishes 
her  right  to  tax  said  site  and  all  improvements  thereon  during  the 
time  the  said  United  States  shall  be  and  remain  the  owner  thereof; 
Provided,  That  this  grant  of  jurisdiction  shall  not  prevent  the  execu- 
tion of  any  process  of  the  State,  civil  or  criminal,  on  any  person  who 
may  be  on  said  reservation  or  premises."  (Acts  of  Arkansas,  1893, 
p.  52.) 

The  reservation  was  designated  Fort  Logan  H.  Roots  by  direction 
of  the  President  April  27,  1897. 

Easement. — A  condition  of  the  conveyance  from  the  Board  of  Im- 
provement reserved  a  right  of  way  for  a  public  highway  and  a  rail- 
road switch.  Definite  location  of  railroad  switch  approved  by  the 
Secretary  of  War,  August  26,  1903. 

Revocable  licenses:  License,  October  29,  1896,  to  the  Home  Water 
Company  to  enter  upon  the  reservation  and  lay  a  6-inch  water  main. 

License,  September  20,  1905,  to  the  Big  Rock  Stone  and  Construc- 
tion Company  to  occupy  a  small  strip  of  land  adjoining  its  property 
on  the  reservation,  and  operate  a  stone  crusher. 
16809—10 2 


18  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

FORT  SMITH   NATIONAL  CEMETERY. 

This  leservation  contains  an  area  of  15  acres,  and  is  situated  near 
Fort  Smith  in  Sebastian  County  (formerly  part  of  Crawford 
County). 

Title  is  as  follows:  Deed  from  John  Rogers  and  wife,  dated  June 
17,  1838  (for  306  acres),  and  recorded  in  the  office  of  the  Clerk  of  the 
Circuit  Court  and  Recorder  of  Crawford  County,  June  18,  1838. 
(Book  and  page  not  given.)  Sebastian  County  having  been  organ- 
ized to  include  this  part  of  Crawford  County  since  the  date  of  said 
deed,  consult  records  of  deeds  of  Sebastian  County  at  Fort  Smith 
also.  The  above  lands  ordered  transferred  to  the  Secretary  of  the 
Interior  as  a  part  of  the  public  domain  for  disposition  under  the  land 
laws.  (See  act  of  Congress  approved  February  24,  1871.)  The  15 
acres  above  described  as  the  Fort  Smith  National  Cemetery  reserved 
from  sale  and  restored  to  the  custody  of  the  War  Department  by 
Executive  Order  dated  May  22,  1871. 

For  jurisdiction  see  Fayetteville  National  Cemetery. 

CALIFORNIA. 

GENETAL  ACTS  OF  CESSION. 

"  The  people,  &c.,  do  enact  as  follows: 

"  SECTION  1.  The  State  of  California  hereby  cedes  to  the  United 
States  of  America  exclusive  jurisdiction  over  all  lands  within  this 
State  now  held,  occupied,  or  reserved  by  the  Government  of  the 
United  States  for  military  purposes  or  defence,  or  which  may  here- 
after be  ceded  or  conveyed  to  said  United  States  for  such  purposes; 
Provided,  That  a  sufficient  description  by  metes  and  bounds  and  a 
map  or  plat  of  such  lands  be  filed  in  the  proper  office  of  record  in 
the  county  in  which  the  same  are  situated;  And  provided  further, 
That  this  State  reserves  the  right  to  serve  and  execute  on  said  lands 
all  civil  process,  not  incompatible  with  this  cession,  and  such  criminal 
process  as  may  lawfully  issue  under  the  authority  of  this  State 
against  any  person  or  persons  charged  with  crimes  committed  without 
said  lands."  (Approved  March  2,  1897.  Cal.  Stats.,  1897,  p.  51.) 

SECTION  1.  All  the  right  and  title  of  the  State  of  California  in  and 
to  the  parcels  of  land  extending  from  high-water  mark  out  to  three 
hundred  yards  beyond  low-water  mark,  lying  adjacent  and  contigu- 
ous to  such  lands  of  the  United  States  in  this  State  as  lie  upon  tidal 
waters  and  are  held,  occupied,  or  reserved  for  military  purposes  or 
defense,  lying  adjacent  and  contiguous  to  any  island,  the  title  to 
which  is  in  the  United  States,  or  which  island  is  reserved  by  the 
United  States  for  any  military  or  naval  purposes  or  for  defense,  are 
hereby  granted,  released,  and  ceded  to  the  United  States  of  America ; 
the  boundaries  of  each  parcel  of  land  hereby  granted,  released,  and 
ceded  to  the  United  States  to  be  a  line  along  high-water  mark,  a 
line  three  hundred  yards  out  beyond  low-water  mark,  and  lines  at 
right  angles  to  high- water  mark  at  the  points  where  the  boundaries 
of  the  adjacent  lands  of  the  United  States  touch  high- water  mark: 
Provided,  That  the  title  to  each  parcel  of  land  hereby  granted,  re- 
leased, and  ceded  to  the  United  States  shall  be,  and  remain  in  the 
United  States  only  so  long  as  the  United  States  shall  continue  to  hold 


CALIFORNIA.  19 

and  own  the  adjacent  lands  now  belonging  to  the  United  States:  And 
provided  further,  That  this  State  reserves  the  right  to  serve  and 
execute  on  said  lands  all  civil  process,  not  incompatible  with  this 
cession,  and  such  criminal  process  as  may  lawfully  issue  under  the 
authority  of  this  State  against  any  person  or  persons  charged  with 
crimes  committed  without  said  lands.  (Approved  March  9,  1897; 
Cal.  Stats.,  1897,  p.  74.) 

ALCATRAZ    ISLAND. 

^  This  reservation,  containing  about  12  acres  of  land,  is  an  island  in 
San  Francisco  Bay,  4  miles  Northeast  of  the  City  of  San  Francisco. 

Title  is  as  follows :  Part  of  the  Public  Domain  and  reserved  there- 
from for  military  purposes  by  Executive  Order  dated  November  6, 
1850.  Title  to  certain  tide-water  lands,  etc.,  was  ceded  by  State 
March  9,  1897.  Jurisdiction  was  ceded  by  an  act  of  the  State  legisla- 
ture, approved  March  2,  1897,  for  which  see  General  Acts  of  Cession. 

FORTS    BAKER   AND    BARRY. 

By  General  Orders  194,  W.  D.,  December  27,  1904,  Fort  Baker  was 
divided  by  "  the  true  north  and  south  line  running  through  Point 
Diablo  " — the  eastern  portion  to  retain  the  name  of  Fort  Baker1,  and 
the  western  portion  (known  as  Point  Bonita)  to  be  named  Fort 
Barry,  in  honor  of  Brevet  Maj.  Gen.  William  F.  Barry,  U.  S.  Army, 
who  died  July  18, 1879. 

These  reservations  contain  1,899.66  acres  with  metes  and  bounds  as 
announced  in  G.  O.  43,  W.  D.,  March  30,  1908,  and  are  situated  on, 
and  embrace,  the  North  side  of  the  "  Golden  Gate  "  or  entrance  to  the 
Harbor  of  San  Francisco,  in  Marin  County. 

Title  is  as  follows:  Deed  from  Samuel  R.  Throckmorton,  dated 
July  24,  1866,  and  recorded  July  24,  1866,  in  Liber  F,  pages  127-130, 
of  the  records  of  deeds  of  Marin  County. 

See  also  Act  of  the  State  Legislature  approved  March  9,  1897,  as  to 
lands  below  high-water  line. 

Jurisdiction:  The  State  Legislature  ceded  jurisdiction  over  these 
reservations  by  act  approved  April  16,  1859,  as  follows : 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over 
any  such  tract  or  tracts  of  land  at  or  near  Lime  Point  Bluff,  on  the 
northern  side  of  the  harbor  of  San  Francisco,  as  may  be  acquired  by 
the  United  States  for  the  purpose  of  Military  defence,  and  over  all 
the  contiguous  shores,  flats,  and  waters,  within  five  hundred  yards 
from  low-water  mark;  Provided,  That  this  State  shall  retain  a  con- 
current Jurisdiction  with  the  United  States,  in  and  over  the  premises 
in  question,  so  far  as  that  all  civil  processes,  not  incompatible  with 
the  full  constitutional  authority  of  the  United  States,  and  criminal 
process  as  may  lawfully  issue  under  the  authority  of  this  State, 
against  any  person  or  persons  charged  with  crimes  committed  without 
the  premises  aforesaid,  may  be  executed  therein,  in  the  same  way  and 
manner  as  if  Jurisdiction  had  not  been  ceded  as  aforesaid,  except  so 
far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  2.  The  premises  over  which  Jurisdiction  is  ceded  by  this  Act, 
and  all  structures  and  other  property  thereon,  belonging  to  the  United 
States,  shall  be  exonerated  and  discharged  from  all  taxes  and  assess- 


20  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

ments  which  may  be  laid  or  imposed  under  the  authority  of  this 
State,  while  said  premises  shall  remain  the  property  of  the  United 
States,  and  shall  be  used  for  the  purposes  intended  by  this  Act." 

Exclusive  jurisdiction  was  ceded  by  act  of  the  State  Legislature, 
approved  March  2,  1897.  See  General  Acts  of  Cession. 

Easement:  By  Act  of  Congress,  approved  July  2,  1894,  the  citizens 
of  the  town  of  Sausalito  were  granted  the  right  to  occupy  and  im- 
prove for  the  purposes  of  a  roadway  a  certain  portion  of  the  reserva- 
tion. The  Secretary  of  War  approved  the  plans  and  specifications 
and  designated  the  location  of  the  proposed  work,  October  9,  1894. 

Revocable  Licenses:  License,  November  29,  1879,  to  Coast  and  Geo- 
detic Survey  to  occupy  site,  containing  1  acre,  more  or  less,  for  tide- 
gauge-keeper's  dwelling  and  garden. 

License,  March  5,  1903,  to  Treasury  Department  to  use  extreme 
southern  part  of  Point  Bonita  for  light-house  establishment. 

License,  July  18,  1905,  to  the  United  States  Life-Saving  Service  to 
dig  a  well  and  locate  a  shelter  and  engine,  for  the  purpose  of  supply- 
ing the  Point  Bonito  life-saving  station  with  water. 

See,  license,  dated  May  H,  1909,  to  Pacific  Telephone  and  Tele- 
graph Company  under  Presidio  of  San  Francisco. 

BENICIA. 
(Reservation  of  Post  and  Arsenal.) 

That  portion  set  apart  for  a  Post  or  Barracks  contains  92.54  acres, 
and  the  Arsenal  portion  252.36  acres.  Total,  344.90  acres.  This  reser- 
vation is  situated  on  Suisun  Bay  and  the  Straits  of  Carquinez,  in 
Solano  County. 

Title  is  as  follows:  The  reservation  for  military  purposes  was  de- 
clared by  Executive  Order  dated  October  10,  1862.  Title  to  land 
below  high-water  line  was  ceded  by  the  State  March  9,  1897. 

An  attempt  was  made  to  convey  title  to  the  United  States  by— 

1.  Deed  from  Robert  Semple  and  wife  and  others,  dated  April  16, 
1849,  and  recorded  July  5,  1849,  in  Book  C,  pages  295-296,  of  Records 
by  L.  W.  Boggs,  Alcalde  for  Sonoma.     Also  recorded  in  Benicia, 
November  19,  1849,  in  Book  A,  pages  460-461,  of  the  records  of 
Solano  County. 

2.  Deed  from  Mariano  G.  Vallejo  (Deed  of  Release),  dated  Decem- 
ber 27,  1854;  not  recorded. 

3.  Deed  of  Release  from  Thomas  O.  Larkin,  dated  December  30, 
1854,  and  recorded  January  24,  1855,  in  Book  I,  page  347,  of  the 
Deed  Records  of  Solano  County. 

4.  Deed  of  Release  from  Bethnel  Phelps,  dated  January  20,  1855, 
and  recorded  January  20,  1855,  in  Book  H,  pages  340-341,  of  same 
records. 

The  above-named  grantors  having  derived  title  by  deed  from  Gen- 
eral M.  G.  Vallejo,  who  claimed  it  under  the  so-called  "  Suscol  " 
grant  from  Mexico,  which  grant  was  rejected  by  the  Supreme  Court 
of  the  United  States,  could  pass  no  good  or  valid  title  to  the  United 
States.  The  fee  simple  was,  therefore,  in  the  United  States  by  virtue 
of  the  treaty  of  Guadalupe  Hidalgo,  it  having  never  parted  with  it. 

Jurisdiction  was  made  "  exclusive  "  and  certain  by  the  Act  of  the 
State  Legislature  approved  March  2,  1897. 

See  General  Acts  of  Cession. 


CALIFORNIA.  21 

Easement:  By  Act  of  Congress,  approved  May  24,  1876,  a  condi- 
tional right  of  way  through  the  reservation,  not  exceeding  100  feet  in 
width,  was  granted  to  the  Northern  Railway  Company. 

THE   BROTHERS    AND    SISTERS    AND    MARIN    ISLANDS. 

'The  area  of  these  islands  is  unknown.  The  description  is  as  fol- 
lows :  "  The  Brothers  "  consist  of  two  rocky  islets,  having  a  channel 
between  them,  situated  near  Point  San  Pablo.  "  The  Sisters  "  con- 
sist of  two  small  islands  near  Point  San  Pedro.  "The  Marin 
Islands  "  consist  of  two  rocky  islets,  having  a  channel  between  them, 
and  are  situated  west  of  "  The  Brothers  "  at  the  entrance  to  San 
Pablo  Bay.  All  commanding  the  entrance  to  San  Pablo  Bay. 

Title  is  as  follows:  Part  of  the  Public  Domain  and  reserved  for 
military  purposes  by  Executive  Order,  dated  October  25,  1867. 

See  Act  of  State  Legislature  of  March  9, 1897,  for  tide- water  lands, 
etc.,  and  for  jurisdiction  see  General  Acts  of  Cession. 

Revocable  License:  License,  February  28,  1873,  to  Treasur}^  De- 
partment to  use  the  easterly  island  of  "  The  Brothers  "  for  light-house 
purposes. 

CORONADO    BEACH. 

This  reservation  contains  40.63  acres,  and  is  situated  If  miles  south- 
east of  Coronado  Beach,  on  San  Diego  Peninsula  or  Island,  a  sand 
spit  whose  connection  with  the  mainland  is  frequently  breached  dur- 
ing high  tides. 

The  title  is  as  follows: 

Deed  from  the  Coronado  Beach  Company,  dated  February  9,  1897, 
conveying  40.63  acres.  Recorded  in  Book  262,  page  145,  of  the  rec- 
ords of  San  Diego  County. 

(See  also  Fort  Pio  Pico.) 

For  jurisdiction,  see  General  Acts  of  Cession. 


Surveyed  as  Lot  No.  1,  Section  19,  Township  5  South,  Range  13 
West,  San  Bernardino  Meridian  of  California  (Dead  Man's  Island). 

Title  is  as  follows:  Part  of  Public  Domain  and  reserved  for  mili- 
tary and  other  purposes  by  Executive  Order  dated  March  15,  1872. 

See  also  act  of  State  Legislature,  approved  March  9,  1897,  as  to 
tide- water  lands,  etc.,  and  for  jurisdiction,  see  General  Acts  of  Cession. 

LACUNA  MERCED. 

This  reservation  contains  41.4  acres,  and  is  situated  in  the  city  and 
county  of  San  Francisco.  The  title  is  as  follows: 

Decree  of  condemnation  for  41.4  acres,  in  the  Circuit  Court  of  the 
United  States,  for  the  Northern  District  of  California,  in  cause  No. 
12,908,  entitled  the  "United  States  v.  The  Spring  Valley  Water 
Works  et  al."  Decree  rendered  May  29,  1901,  and  filed  the  same  day 
in  the  Clerk's  Office  of  said  Court. 

For  jurisdiction,  see  General  Acts  of  Cession. 


22  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

FORT    MASON. 

This  reservation  contains  about  55.5  acres,  aside  from  the  sub- 
merged lands  acquired  under  decrees  and  deeds  hereinafter  specified 
(area  about  13  acres),  and  of  submerged  lands  covered  by  Act  of 
March  9,  1897,  infra.  It  is  situated  at  Point  San  Jose  or  Black 
Point  on  south  side  of  Bay  of  San  Francisco,  opposite  Alcatraz 
Island,  and  is  within  the  limits  of  the  City  of  San  Francisco. 

Title  is  as  follows :  Part  of  Public  Domain  and  reserved  by  Execu- 
tive Order,  dated  November  6,  1850,  modified  as  to  present  limits  by 
Executive  Order,  December  31,  1851,  and  as  further  modified  by 
Act  of  Congress,  approved  July  1,  1870.  (See  U.  S.  Stats,  at  Large, 
Vol.  16,  Chap.  197,  p.  186.)  See  also  act  of  State  Legislature,  ap- 
proved March  9,  1897,  ceding  title  to  tide-water  lands,  etc. 

Jurisdiction  was  ceded  by  Act  of  State  Legislature,  approved 
March  2,  1897.  See  General  Acts  of  Cession. 

About  13  acres  of  submerged  land  in  front  of  Fort  Mason,  lying 
between  the  original  "  Pueblo  line  "  and  the  northern  boundary  line 
of  the  City  and  County  of  San  Francisco  (see  G.  O.  No.  2,  W.  D., 
January  8,  1910),  were  acquired  by  decree  in  condemnation  proceed- 
ings and  conveyances  as  follows: 

1.  Decree  of  Condemnation  of  the  Circuit  Court  of  the  United 
States,  Ninth  Circuit,  Northern  District  of  California,  in  the  case 
of  the  United  States  v.  Vanderbilt,  et  al.,  rendered  February  3,  1909, 
covering  about  11  acres  conveyed  by  the  following  deeds: 

(a)  Deed  from  Theresa  Alice  Oelrichs,  dated  January  11,  1909; 
and  quitclaim  deed  of  James  S.  Angus,  dated  January  14,  1909,  con- 
veying about  1.66  acres;  recorded  in  the  Office  of  the  County  Re- 
corder "  New  Recorded  Series  ",  respectively,  in  Liber  255  of  Deeds, 
page  167,  and  Liber  267,  page  37. 

(b)  Deed  of  Ellen  Dore,  et  al.,  dated  January  22,  1909,  conveying 
about  9 J  acres ;  recorded  in  Liber  269,  page  32,  of  same  records. 

2.  Decree  of  condemnation  in  same  cause,  rendered  September  3, 
1909,  covering  1.56  acres  of  submerged  lands;  also  following  deeds: 

(a)  Deed  from  George  L.  Sharpe  and  wife,  August  6,  1909,  con- 
veying 1.21  acres  of  lands,  covered  by  said  decree.    Recorded  in  liber 
314,  page  325  of  same  records. 

(b)  Deed  from  William  Giselman,  trustee,  dated  August  6,  1909, 
to  same  premises.    Recorded  in  liber  325,  page  193  of  same  records. 

(c)  Deed  from  Elizabeth  B.  Fremont  et  al.,  dated  May  29,  1909, 
to  same  premises.    Recorded  in  liber  308,  page  361  of  same  records. 

Easement:  Right  of  way  across  this  reservation  granted  to  the 
Southern  Pacific  Co.  by  Act  of  Congress  approved  January  8,  1909 
(G.  O.  6,  W.  D.,  Jan.  15,1909). 

FORT  MCDOWELL. 

This  reservation,  containing  about  640  acres,  is  situated  on  Angel 
Island  in  San  Francisco  Bay  about  7  miles  to  the  northeast  of  the 
City  of  San  Francisco.  A  part  of  the  public  domain,  it  was  reserved 
for  military  purposes  by  Executive  Orders,  dated  November  6,  1850. 
and  April  20,  1860.  The  title  to  certain  tide-water  lands,  etc.,  was 
ceded  by  the  State  March  9,  1897. 

For  jurisdiction  and  title  to  lands  below  high- water  mark,  see 
General  Acts  of  Cession. 


CALIFORNIA.  23 

The  Secretary  of  War,  July  8,  1905,  and  April  6,  1909,  transferred 
to  the  Department  of  Commerce  and  Labor  two  parcels  of  land  on 
Angel  Island,  aggregating  about  14  acres,  for  the  purposes  of  an  im- 
migration detention  station. 

Revocable  Licenses:  License,  June  2,  1885,  to  the  Treasury  De- 
partment to  use  a  portion  of  the  reservation  for  a  fog  station  and 
keeper's  dwelling. 

License,  December  22,  1888,  to  Treasury  Department  in  accord- 
ance with  Act  of  August  1,  1888,  to  use  a  portion  of  the  reservation 
known  as  Hospital  Cove  on  Raccoon  Straits,  containing  about  10 
acres,  as  a  quarantine  station. 

License,  September  13,  1904,  to  J.  D.  Givens  to  maintain  and 
occupy  for  the  conduct  of  a  photographic  business,  the  temporary 
building  erected  by  him  upon  the  reservation. 

License,  September  13, 1904,  to  The  Joint  Ticket  Agency,  Railroads 
of  San  Francisco,  to  conduct  a  railroad  ticket  office  and  express  office 
upon  the  reservation. 

License,  March  22,  1905,  to  Mr.  Nathan  Price  to  continue  the  busi- 
ness of  selling  vegetables  and  fruits,  in  the  building  erected  by  him 
under  authority  of  Commanding  Officer,  dated  Nov.  15, 1901. 

License,  dated  August  5,  1909,  to  Mrs.  Elizabeth  G.  Randol  to 
occupy  for  residential  purposes,  and  maintain  therein  an  officers' 
mess,  a  set  of  officers'  quarters. 

FORT    MILEY. 
(Point  Lobos.) 

This  reservation  contains  54.05  acres,  with  metes  and  bounds  as 
announced  in  G.  O.  77,  W.  D.,  April  17,  1906.  It  is  situated  in  the" 
City  and  County  of  San  Francisco,  near  the  Golden  Gate  Cemetery. 

Title  is  as  follows:  Decree  and  Order  of  condemnation  for  coast 
defenses  and  fortifications  in  the  Circuit  Court,  Ninth  Circuit,  North- 
ern District  of  California,  dated  January  23,  1893,  in  case  of  the 
United  States  v.  The  City  and  County  of  San  Francisco,  etc.  De- 
cree filed  and  recorded  in  the  office  of  the  County  Recorder  of  the 
City  and  County  of  San  Francisco,  January  27,  1893,  and  recorded 
in  Liber  1548  of  Deeds,  page  100. 

A  right  of  way  for  a  sewer  outlet  was  conveyed  as  follows:  Deed 
from  Emma  L.  Merritt  and  W.  R.  H.  Adamson,  Executors,  to  the 
United  States,  dated  March  17,  1902,  conveying  a  right  of  way. 
Recorded  in  Liber  1936,  page  427,  of  the  records  of  the  City  and 
County  of  San  Francisco. 

A  right  of  way  for  new  sewer  between  Fort  Miley  and  the  Pacific 
Ocean,  at  a  point  known  as  "  Lands  End,"  was  conveyed  by  Emma  L. 
Merritt,  executrix,  by  deed  dated  December  1, 1905 ;  recorded  in  Liber 
2162,  Deeds,  page  187,  of  same  records. 

Rights  of  way  for  telephone  and  mining  cables  or  conduits  to  con- 
nect reservation  with  Fort  Winfield  Scott  were  conveyed  by  deeds 
from  Spring  Valley  Water  Co.,  dated  December  10,  1908,  recorded  in 
Liber  239,  Deeds,  page  139,  and  from  the  Boston  Investment  Com- 
pany, dated  December  22,  1909,  recorded  in  Liber  339,  page  351. 

For  Jurisdiction  see  General  Acts  of  Cession. 


24  UNITED   STATES   MILITAKY  RESERVATIONS,  ETC. 


FORT  PIO  PICO. 
(Zuninga  Shoal  Tract.) 

By  General  Orders  No.  20,  W.  D.,  January  25,  1906,  the  military 
reservation  at  North  Coronado  Beach  Island  was  named  Fort  Pio 
Pico,  in  honor  of  Pio  Pico,  Governor  of  California  under  Mexican 
sovereignty. 

This  reservation  contains  57.41  acres  and  is  situated  on  the  south- 
west extremity  of  the  Peninsula  or  Island  of  San  Diego,  a  sand  spit 
whose  connection  with  the  main  land  is  frequently  breached  during 
high  tides.  (See  also  Coronado  Beach.) 

The  title  is  as  follows : 

1.  Decree  of  condemnation  for  18.85  acres  in  cause  314,  entitled 
"  The  United  States  v.  The  Coronado  Beach  Company  et  al."  in  the 
Circuit  Court  of  the  United  States  for  the  Southern  District  of  Cali- 
fornia.    Decree  rendered  June  22,  1892,  and  filed  the  same  day  in  the 
Clerk's  Office  of  said  Court. 

2.  Deed  from  the  Coronado  Beach  Company,  dated  April  15,  1893, 
conveying  above  tract.     Recorded  in  Book  211,  page   381,  of  the 
records  of  San  Diego  County. 

(The  above  tract  (18.85  acres)  was  originally  acquired  for  river 
and  harbor  purposes.) 

3.  Deed  from  the  Coronado  Beach  Company,  dated  June  11,  1901, 
conveying  38.56  acres  and  certain  accretions  to  tract  mentioned  in 
No.  1,  supra.     Recorded  in  Book  312,  page  187,  of  same  records. 

4.  Quitclaim  Deed  from  same,  June  11,  1901,  for  same  tract.     Re- 
corded in  Book  262,  page  145,  of  same  records. 

For  jurisdiction,  see  General  Acts  of  Cession. 

MOLATE  ISLAND. 
(Red  Rock.) 

This  island  contains  7.52  acres,  and  is  situated  in  the  Bay  of  San 
Francisco,  near  its  junction  with  the  Bay  of  San  Pablo,  and  is  in 
Section  17,  Township  1  North,  Range  5  West,  Mount  Diablo  Me- 
ridian. 

The  title  is  as  follows :  Reserved  by  Executive  Order,  dated  Octo- 
ber 21,  1882.  See  also  act  of  State  Legislature,  approved  March  9, 
1897,  as  to  tide-water  lands,  etc. 

For  jurisdiction,  see  General  Acts  of  Cession. 

PRESIDIO  OF  MONTEREY. 

This  reservation  contains  398.13  acres  above  low -water  mark,  with 
metes  and  bounds  as  announced  in  G.  O.  34,  W.  D.,  March  14,  1908, 
and  is  situated  partly  within  the  city  limits  of  Monterey,  overlooking 
the  bay,  in  Monterey  County.  The  title  is  as  follows : 

Occupied  as  a  military  post  by  the  Spanish  Government  as  early  as 
1772.  Mexico  succeeded  Spain,  and  by  treaty  with  Mexico  the 
United  States  succeeded  to  the  title  and  took  possession. 

By  Executive  order,  dated  November  23,  1866,  the  reservation  was 
made  to  include  about  158.14  acres,  according  to  the  Warner  Survey. 


CALIFORNIA.  25 

Through  an  error  in  a  subsequent  survey  (the  Foreman  Survey)  the 
reservation  as  occupied  included  only  about  140  acres. 

The  reservation  was  enlarged  to  its  present  area  by  purchases  in 
1903  and  1906,  as  follows : 

1.  Deed  of  David  Jacks  and  wife,  dated  March  21,  1903,  recorded 
in  Vol.  — ,  page  — ,  of  the  Deed  Records  of  Monterey  County ;  con- 
veying 104.17  acres.     This  tract  includes  some  lands  which,  accord- 
ing to  the  Warner  Survey,  belong  to  the  military  reservation. 

2.  Deed   from   David  Jacks   and   wife,  dated  January  20,   1906, 
recorded  in  Vol.  99,  page  239,  of  said  records ;  conveying  153.85  acres. 

For  jurisdiction  and  title  to  lands  below  high- water  mark  see  Gen- 
eral Acts  of  Cession. 

Revocable  Licenses^.  License  (in  form  of  agreement),  June  14,  1889, 
to  the  Southern  Pacific  Railway  Company  to  construct  line  of  track 
across  the  reservation. 

License,  July  15,  1890,  to  Jane  L.  Stanford  to  erect  a  monument  to 
Father  Junipero  Serra,  Indian  missionary,  upon  the  reservation. 

License,  March  31,  1903,  to  the  Monterey  Gas  and  Electric  Com- 
pany to  run  its  line  of  wires  upon  the  reservation. 

License,  December  23,  1903,  to  the  Pacific  Improvement  Company 
to  lay  and  maintain  a  twelve-inch  water  main  across  the  reservation. 

License,  March  15,  1904,  to  the  Monterey  and  Pacific  Grove  Rail- 
way Company  to  construct,  operate  and  maintain  an  electric  street 
car  line  across  the  reservation. 

License,  May  5,  1904,  to  Mrs.  King  to  occupy  small  house  near  the 
tracks  of  the  S.  P.  R.  R.  Co. 

License,  November  1,  1904,  to  Coalinga  Oil  Transportation  Com- 
pany to  lay  and  maintain  a  6-inch  pipe. 

License,  December  12,  1904,  to  Pacific  Improvement  Company  to 
maintain  its  existing  16-inch  pipe  along  and  upon  Pacific  Street. 

License,  December  12,  1904,  to  Monterey  and  Pacific  Grove  Rail- 
way Company  to  maintain  its  existing  electric  street  railway  upon 
and  along  Pacific  Street. 

License,  January  3,  1905,  to  city  of  Monterey,  to  maintain  road 
known  as  Light-house  avenue  where  same  crosses  southern  extremity 
of  reservation. 

License,  August  15,  1907,  to  Pacific  Improvement  Company  for 
electric  supply  line  along  north  boundary. 

PRESIDIO   OF   SAN    FRANCISCO. 

This  reservation  contains  1,479.94  acres  above  high- water  mark, 
with  metes  and  bounds  as  announced  in  G.  O.  189,  W.  D.,  September 
11,  1907,  and  is  situated  in  the  northwest  suburbs  of  San  Francisco, 
on  the  southern  margin  of  the  harbor  of  San  Francisco. 

Title  is  as  follows :  Established  as  a  military  post  by  the  Spanish ; 
exact  date  unknown.  Continued  as  a  military  post  by  Mexico,  suc- 
cessor to  Spain,  and  by  Mexico  ceded  to  the  United  States  by  treaty. 
Reserved  for  military  purposes  by  Executive  Order  dated  November 
6,  1850,  afterwards  modified  by  Executive  Order  dated  December  31, 
1851.  See  also  act  of  State  Legislature,  approved  March  9,  1897,  as 
to  tide-water  lands,  etc. 

"  Exclusive "  jurisdiction  ceded  by  act  of  State  Legislature  ap- 
proved March  2,  1897,  for  which  see  General  Acts  of  Cession. 


26  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

Revocable  Licenses. — License'  (in  form  of  agreement),  April  7, 
1881,  to  the  Presidio  Railroad  Company  to  extend  its  tracks  upon  the 
reservation. 

License,  January  21,  1888,  to  the  Treasury  Department  to  use  a 
portion  of  the  reservation  for  life-saving  purposes. 

License,  March  11,  1891,  to  the  Treasury  Department,  to  erect  a 
tower  at  Fort  Point  and  to  permit  surfmen  in  discharge  of  their 
duties  to  pass  in  and  out  and  over  the  reservation. 

License,  June  3,  1892,  to  the  Presidio  and  Ferries  Railroad  Com- 
pany to  construct,  maintain  and  operate  their  line  of  cable  railway 
on  the  reservation. 

License,  July  22,  1895,  to  the  Treasury  Department  to  lay  a  water 
pipe  on  the  reservation  for  the  use  of  the  Fort  Point  life-saving 
station. 

License,  June  19,  1900,  to  Mary  Holt  Rose  to  extend  her  cottage  so 
as  to  project  one  and  one-half  feet  over  and  beyond  the  wall  of  the 
reservation.  Addition  authorized  by  License,  December  13,  1907. 

License,  October  31,  1900,  to  the  Western  Union  Telegraph  Com- 
pany to  make  changes  in  the  location  of  its  telegraph  line  on  the 
reservation. 

License,  May  7,  1901,  to  Bruce  Porter  to  extend  his  cottage  so  as  to 
project  over  the  wall  and  about  3  feet  beyond  the  reservation  line. 

License,  March  28,  1902,  to  Bernard  Faymonville  to  extend  his 
cottage  so  as  to  project  over  the  wall  and  about  3  feet  beyond  the 
reservation  line. 

License,  January  11,  1905,  to  H.  S.  Ballard,  tide  observer,  Coast 
and  Geodetic  Survey,  to  build  and  occupy  a  small  dwelling  house. 

License,  November  16,  1905,  to  J.  D.  Givens,  to  maintain  and 
occupy,  for  photographic  business,  the  temporary  building  erected  by 
him  under  permission  of  the  department  commander. 

License,  April  7,  1908,  to  Joseph  Nash  for  window  of  his  residence, 
projecting  over  reservation  wall. 

License,  May  11,  1909,  to  the  Pacific  Telephone  and  Telegraph 
Company,  to  construct,  operate  and  maintain  lines  and  cable  landings 
on  this  reservation :  also  on  military  reservations  of  Fort  Baker  and 
Yerba  Buena. 

Easement:  The  Marine  Hospital  building  is  located  on  a  portion  of 
this  reservation  under  authority  of  Act  of  Congress,  approved  Janu- 
ary 28,  18T3  (17  Stat.  L.,  420). 

FORT   ROSECRANS.        ( POINT   LOMA    AND    BALLAST   POINT.) 

This  reservation,  containing  940.3  acres,  consists  of  that  portion  of 
the  peninsula  lying  on  the  west  side  of  the  entrance  to  San  Diego 
Harbor  (except  two  small  tracts  set  aside  for  light-house  purposes — 
one  at  Ballast  Point  and  the  other  at  the  south  end  of  reservation), 
included  between  the  southernmost  point  of  the  peninsula  (Point 
Loma)  and  a  line  drawn  across  said  peninsula  from  the  harbor  to  the 
ocean  at  the  distance  of  1^  miles  above  Punta  de  Guiranos. 

Title  is  as  follows :  Passed  under  the  treaty  of  Guadalupe  Hidalgo, 
concluded  February  2,  1848,  to  the  United  States.  Reserved  for  mili- 
tary purposes  by  Executive  Order  dated  February  26,  1852.  The 
tract  reserved  contained  about  1,300.42  acres;  but  the  northern  por- 
tion was  transferred  to  the  Navy  Department,  for  a  coaling  station, 


CALIFORNIA.  27 

September  24,  1901;  leaving  the  area  as  above  stated.  See  also  act 
of  the  State  Legislature  approved  March  9,  1897,  as  to  tide-water 
lands,  etc. 

For  jurisdiction,  see  General  Acts  of  Cession. 

Revocable  Licenses. — License,  May  14, 1889,  to  the  Treasury  Depart- 
ment to  occupy  a  portion  of  the  reservation  for  light-house  purposes. 

License,  December  28,  1909,  to  San  Diego  Consolidated  Gas  and 
Electric  Company  for  pole  electric-light  line. 

SAN    DIEGO    BARRACKS. 

This  reservation  consists  of  one-half  of  Block  18,  all  of  Block  31, 
Lots  E  and  F  of  Block  44  in  New  San  Diego,  all  of  Block  156  in 
Middletown,  and  a  wharf  lot  75  by  1000  feet.  Total  area  of  the 
reservation,  including  submerged  lands  pertaining  to  Block  18  and 
the  wharf  lot,  325,000  square  feet.  Situate  in  the  city  of  San  Diego, 
California.  The  title  is  as  follows: 

1.  Deed  from  William  H.  Davis  and  wife,  dated  September  12, 
1850,  for  tract  K  in  Block  31,  Lot  No.  3  in  Block  18,  and  G,  B  and 
C  in  Block  No.  39,  recorded  January  21,  1870,  in  Deed  Record  No.  8, 
page  146,  of  deed  records  of  San  Diego  County. 

2.  Deed  from  George  F.   Hooper,  William  H.  Davis  and  wife, 
dated  September  12,  1850,  for  tracts  I  in  Block  31,  and  L  in  Block 
39,  recorded  January  21,  1870,  in  Deed  Record  No.  8,  page  148,  of 
same  records. 

3.  Deed  from  Thomas  W.  Sutherland,  Guardian  ad  litem  for  the 
heirs  of  Miguel  de  Pedrorena,  dated  September  12,  1850,  for  tracts 
D,  in  Block  31,  and  A  and  J,  in  Block  39,  recorded  January  21, 
1870,  in  Deed  Record  No.  8,  page  144,  of  same  records. 

4.  Deeds  from  Andrew  B.  Gray,  dated  September  12,  1850,  and 
September  14,  1850,  for  tracts  A,  F,  and  L  in  Block  31 ;  Lots  2  and  6 
in  Block  18 ;  and  tracts  D,  E,  F,  H,  and  K  in  Block  39.     Recorded, 
respectively,  September  15,  1850,  in  Deed  Book  O,  page  251,  and 
January  21,  1870,  in  Deed  Record  No.  8,  page  145,  of  same  records. 

5.  Deed  from  Thomas  D.  Johns,  dated  September  12,  1850,  for 
tracts  G,  H  and  C,  in  Block  31,  recorded  January  17,  1870,  in  Deed 
Record  No.  8,  page  145,  of  same  records. 

6.  Deed  from  Jose  A.  Aquirre  and  wife,  dated  September  12,  1850, 
for  tracts  E  and  J,  in  Block  31 ;  Lot  No.  1,  in  Block  18,  and  tract  I, 
in  Block  39,  recorded  January  21,  1870,  in  Deed  Record  No.  8,  page 
147,  of  same  records. 

7.  Deed  from  Jose  A.  Aquirre  and  wife,  William  H.  Davis  and 
wife,  Andrew  B.  Gray,  Thomas  D.  Johns,  George  F.  Hooper,  Maria 
A.  de  Pedrorena,  Victoria  de  Pedrorena,  Miguel  de  Pedrorena,  Ysa- 
bel  de  Pedrorena,  and  Eleva  de  Pedrorena,  minor  heirs  of  Miguel  de 
Pedrorena,  deceased,  by  Thomas  W.  Sutherland,  their  guardian  ad 
litem,  dated  September  12,  1850,  for  Lots  4,  5,  7,  8,  9,  10,  11,  12,  13. 
14,  15,  16,  17,  18  and  19,  in  Block  18,  and  tract  B,  in  Block  31.     Re- 
corded January  21,  1870,  in  Deed  Record  No.  8,  page  143,  of  same 
records. 

The  following  tracts  have  been  acquired  by  the  Treasury  Depart- 
ment for  the  War  Department  under  authority  of  the  Act  of  Con- 
gress, approved  May  30,  1908  (35  Stat.  L.,  539),  and  were  formally 
assigned  and  transferred  to  the  War  Department  by  instrument  of 


28  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

August  2,  1909,  in  exchange  for  Block  39,  which  was  assigned  and 
transferred  to  the  Treasury  Department  by  instrument  dated  July 
22,  1909,  under  authority  of  said  Act : 

8.  Deed  from  H.  C.  Riordon,  single,  dated  March  19,  1909,  convey- 
ing all  of  Lots  E  and  F  in  Block  44  of  New  San  Diego;  containing 
10,000  square  feet.    Recorded  in  Book  467,  page  123,  of  same  records. 

9.  Deed  from  Elizabeth  Babcock,  et  vir,  dated  March  19,  1909,  con- 
veying all  of  Block   156    (Middletown),   containing   60,000  square 
feet.    Recorded  in  Book  467,  page  124,  of  same  records. 

See  also  act  of  State  Legislature  approved  March  9,  1897,  as  to 
tidewater  lands,  etc.,  so  far  as  it  affects  wharf  property  herein. 

For  jurisdiction  see  General  Acts  of  Cession.  Plats  and  descrip- 
tions of  record  in  the  proper  office  as  required  by  said  acts. 

SAN  FRANCISCO  NATIONAL  CEMETERY. 

This  reservation  contains  9.5  acres.  Formerly  part  of  the  military 
reservation  of  the  Presido  of  San  Francisco,  and  includes  the  Post 
Cemetery.  Set  apart  December  12,  1884,  by  order  of  the  Secretary 
of  War,  as  a  cemetery  of  the  fourth  class,  to  be  known  and  desig- 
nated as  the  San  Francisco  National  Cemetery. 

For  title,  see  Presidio  of  San  Francisco;  and  for  jurisdiction,  see 
General  Acts  of  Cession. 

SAN  PEDRO. 

This  reservation  contains  about  44.25  acres  and  is  situated  on  San 
Pedro  Bay,  in  Los  Angeles  County,  being  part  of  Section  19,  Town- 
ship 5  South,  Range  13  West,  and  part  of  Section  24,  Township  5 
South,  Range  14  West  of  San  Bernardino  Meridian. 

Title  is  as  follows:  Ceded  to  the  United  States  by  Mexico  under 
the  treaty  of  Guadalupe  Hidalgo,  concluded  February  2,  1848.  Re- 
served for  military  purposes  by  Executive  Order  dated  September  14, 
1888.  See  also  act  of  the  State  Legislature  approved  March  9,  1897, 
as  to  tide-water  lands,  etc. 

For  jurisdiction  see  General  Acts  of  Cession. 

Revocable  license  Feby.  24, 1905,  to  City  of  San  Pedro  to  construct 
and  maintain  a  sewer. 

FORT  WINFIELD  SCOTT. 

(Originally  part  of  Presidio  Reservation.) 

A  military  post,  area  unknown,  situated  on  the  south  side  of  the 
Golden  Gate  (entrance  to  Bay  of  San  Francisco). 

Title  is  as  follows :  As  a  part  of  the  public  domain  it  was  reserved 
for  military  purposes  by  Executive  Order  dated  November  6,  1850, 
and  modified  December  31,  1851.  See  also  act  of  the  State  Legisla- 
ture, approved  March  9,  1897,  as  to  tide-wTater  lands,  etc. 

See  Fort  Miley  for  rights  of  way  for  telephone  and  mining  cables. 

For  jurisdiction  see  General  Acts  of  Cession. 

Revocable  Licenses. — License,  February  28,  1878,  to  the  Treasury 
Department  to  erect  a  steam  fog  signal  upon  the  reservation. 

License,  September  26,  1883,  to  the  Treasury  Department  to  erect 
two  small  buildings  for  the  keepers  of  the  light  at  Fort  Point. 


COLORADO.  29 

License,  January  21,  1888,  to  the  Treasury  Department  to  occupy  a 
portion  of  the  reservation  for  a  life-saving  station. 

License,  April  1,  1895,  to  the  Treasury  Department  to  occupy  a 
portion  of  the  reservation  for  the  purpose  of  constructing  a  catch- 
water  area. 

YERBA  BTJENA  ISLAND    (OR  GOAT  ISLAND). 

This  reservation  formerly  contained  about  141  acres  and  is  situated 
about  2^  miles  northeast  of  the  City  of  San  Francisco,  in  the  Bay  of 
San  Francisco. 

By  Executive  Order,  dated  April  12,  1898,  as  modified  by  Execu- 
tive Order,  dated  January  28,  1899,  all  of  the  above  reservation  ex- 
cept 8.9  acres  was  transferred  to  the  Navy  Department. 

Title  is  as  follows :  Reserved  by  Executive  Order  of  Nov.  6,  1850, 
"  for  public  purposes "  and  excepted  from  the  grant  to  the  City  of 
San  Francisco  by  act  of  Congress  approved  July  1,  1864,  and  under 
the  provisions  of  said  act  reserved  for  military  purposes  by  Execu- 
tive Order  dated  October  12,  1866.  See  also  Executive  Order  dated 
November  6,  1850.  Deed  from  Frank  M.  Pixley  to  the  United 
States,  dated  August  27,  1869,  and  recorded  September  7,  1869,  in 
Office  of  County  Recorder  of  the  City  and  County  of  San  Francisco, 
in  Liber  524  of  Deeds,  page  14.  See  also  act  of  the  State  Legislature 
approved  March  9,  1897,  as  to  tide-water  lands,  etc. 

For  jurisdiction  see  General  Acts  of  Cession. 

License:  See,  license,  dated  May  11,  1909,  to  Pacific  Telephone  and 
Telegraph  Company  under  Presidio  of  San  Francisco. 

COLORADO. 

FORT  LOGAN. 

This  reservation  is  situate  in  Arapahoe  County,  and  contains  an 
area  of  973.08  acres,  embracing  the  subdivisions  described  in  G.  O. 
37,  W.  D.,  March  2,  1909.  The  original  reservation  of  635.4  acres 
was  donated  to  the  United  States  June  14,  1887,  by  deed  from  Charles 
B.  Kountze,  Trustee,  recorded  October  11,  1887,'  in  Deed  Book  343, 
page  415,  of  the  deed  records  of  Arapahoe  County. 

To  perfect  the  title  thereto,  a  reservation  was  made  by  Executive 
order,  dated  September  26,  1887  (G.  O.  161,  A.  G.  O.,  September  29, 
1887). 

The  reservation  was  acquired  under  authority  of  an  Act  of  Con- 
gress, approved  February  17,  1887,  and  was  announced  in  G.  O.  65, 
A.  G.  O.,  October  12,  1887. 

The  reservation  was  enlarged  by  the  acquisition,  under  an  Act  of 
Congress,  approved  May  27,  1908,  of  338.4  acres,  conveyed  to  the 
United  States  by  the  following  deeds: 

1.  Deed  of  The  Rucker  Ridge  Farm  and  Investment  Company, 
dated  December  3,  1908,  conveying  318.6  acres ;  recorded  in  Book  48, 
page  182,  of  the  same  records. 

2.  Deed  of  Eugene  H.  Pearson,  dated  June  30,  1908,  conveying 
19.8  acres ;  recorded  in  Book  46,  page  122,  of  same  records. 

Consent  of  the  State  to  the  purchase  by  the  United  States  was 
given  by  Act  of  the  State  Legislature,  approved  February  1,  1881,  as 
follows : 


30  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

"  That  the  consent  of  the  State  is  hereby  given  to  the  purchase  by 
the  United  States,  also  to  the  purchase  by  the  United 

States  of  such  other  lands  within  this  State  as  its  authorities  may 
from  time  to  time  select  for  the  erection  of  forts,  magazines,  arsenals, 
and  other  needful  buildings." 

The  Governor  of  the  State,  by  deed  dated  June  14,  1887,  conveyed 
full,  complete,  and  exclusive  jurisdiction  over  the  original  reservation 
in  accordance  with  the  terms  of  an  act  of  the  State  Legislature  ap- 
proved March  22,  1887.  The  act  provides  as  follows : 

"  SECTION  1.  Whenever  any  officer  or  officers  of  the  United  States, 
thereunto  duly  authorized,  shall  designate  or  select  a  tract  of  six  hun- 
dred and  forty  acres  of  land  at  or  near  the  city  of  Denver,  in  the 
State  of  Colorado,  as  and  for  the  site  of  a  military  post,  and  the  title 
thereto  shall  have  been  conveyed  and  confirmed  to  the  United  States 
of  America  by  the  owner  or  owners  thereof,  the  Governor  of  this 
State  shall  make,  execute,  and  deliver  to  the  United  States  of  Amer- 
ica a  deed,  sealed  with  the  great  seal  of  the  State  of  Colorado,  and 
attested  by  the  Secretary  of  State,  containing  apt,  meet,  and  proper 
words,  clauses,  and  covenants,  to  fully  cede,  give,  grant,  transfer, 
confer  and  confirm  exclusive  jurisdiction  for  all  purposes  whatsoever 
over  such  tract  of  land,  and  all  and  every  part  thereof,  unto  the 
United  States  of  America ;  but,  nevertheless,  therein  reserving  to  this 
State  jurisdiction  to  serve  the  civil  process  of  State,  county  and  mu- 
nicipal courts  and  tribunals  within  said  tract  of  land;  to  serve  and 
execute  therein  processes  in  criminal  cases  by  State,  county  and  mu- 
nicipal officers  in  respect  to  offenses,  misdemeanors,  crimes  and  felo- 
nious acts  committed  outside  of  said  tract,  and  at,  from  and  after 
the  making,  executing,  ensealing,  attesting  and  delivery  of  such  deed, 
exclusive  jurisdiction  shall  vest  in  and  remain  in  the  United  States 
of  America,  for  and  during  all  the  time  the  United  States  shall  re- 
main the  owner  of  said  tract,  subject  only  to  the  State  jurisdiction 
for  the  service  of  execution  and  process  reserved  to  this  State  over 
said  tract  of  land  so  ceded,  granted,  transferred,  confirmed  and  con- 
ferred unto  the  United  States  of  America  for  and  during  the  time  the 
United  States  shall  remain  owner  thereof. 

"  SEC.  2.  That  at,  from  and  after  the  delivery  of  such  deed  of 
cession,  the  said  site  and  tract  of  land,  and  the  erections,  structures, 
buildings,  fixtures,  goods,  chattels  and  property  at  any  time  thereon 
or  thereto  belonging,  or  in  anywise  appertaining  and  belonging  to  the 
United  States,  shall  be  and  remain  released  and  exempt  from  all  toll- 
ages,  taxes  and  assessments,  of  every  name  and  nature,  for  and  dur- 
ing the  time  the  United  States  shall  remain  the  owner  thereof." 
(Session  Laws  of  Colo.,  1887,  p.  339.) 

Easement. — The  Colorado  Southern  Railroad  Company  maintains 
a  right  of  way  across  the  north  80  acres  of  the  reservation,  which 
right  of  way  existed  prior  to  the  establishment  of  the  post  and  sub- 
ject to  which  the  reservation  was  acquired. 

Revocable  Licenses :  License,  September  2,  1904,  to  the  Denver  and 
Rio  Grande  Railroad  Company  to  maintain  its  spur  track  upon  the 
reservation,  which  track  was  constructed  under  oral  authority  from 
the  Secretary  of  War  during  the  construction  of  the  post. 

License,  March  13,  1906,  to  The  Colorado  Telephone  Company  for 
telephone  line. 


CONNECTICUT.  31 

FORT  LOGAN  TARGET  RANGE. 

This  reservation  comprises  the  east  half  of  section  20  and  all  of 
section  29,  T.  6  S.,  E.  66  W.  of  Sixth  Principal  Meridian,  Douglas 
County,  Colorado;  containing  an  area  of  about  960  acres;  announced 
in  G.  O.  211,  W.  D.,  December  30,  1905.  The  title  is  as  follows: 

1.  Deed  from  Mrs.  Nellie  Cheesewright,  dated  May  31,  1905,  con- 
veying the  northeast  quarter  of  said  section  20 ;  recorded  in  Book  32, 
page  213,  Deed  Records  of  said  county. 

2.  Deed  from  William  H.  Lithgow  and  wife,  dated  May  24,  1905, 
conveying  the  southeast  quarter  of  said  section  20 ;  recorded  in  Book 
32,  page  214,  of  same  records. 

3.  Deed  from  the  Denver  Sugar,  Land  and  Irrigation  Company, 
dated  September  12,  1905,  conveying  all  of  said  section  29 ;  recorded 
in  Book  32,  page  212,  of  same  records. 

For  jurisdiction,  see  act  of  February  1,  1881,  ante,  giving  consent 
to  the  "  purchase  by  the  United  States  of  such  other  lands  within 
this  State  as  its  authorities  may  from  time  to  time  select  for  the  erec- 
tion of  forts,  magazines,  arsenals,  and  other  needful  buildings." 


CONNECTICUT. 

GENERAL  ACT  OF   CESSION. 

"  The  consent  of  the  State  of  Connecticut  is  hereby  given,  in 
accordance  with  the  seventeenth  clause,  eighth  section,  of  the  first 
article  of  the  constitution  of  the  United  States,  to  the  acquisition 
by  the  United  States,  by  purchase,  condemnation,  or  otherwise,  of 
any  land  in  this  state  required  for  customhouses,  courthouses,  post- 
offices,  arsenals,  or  other  public  buildings  whatever,  or  for  any  other 
purposes  of  the  government.  Exclusive  jurisdiction  in  and  over  any 
land  so  acquired  by  the  United  States  is  hereby  ceded  to  the  United 
States  for  all  purposes  except  the  service  of  all  civil  and  criminal 
process  of  the  courts  of  this  state ;  but  the  jurisdiction  so  ceded  shall 
continue  no  longer  than  the  United  States  shall  own  such  land.  The 
jurisdiction  ceded  shall  not  vest  until  the  United  States  shall  have 
acquired  the  title  to  such  lands  by  purchase,  condemnation,  or  other- 
wise; and  so  long  as  such  lands  shall  remain  the  property  of  the 
United  States  when  acquired  as  aforesaid,  and  no  longer,  the  same 
shall  be  and  continue  exempt  and  exonerated  from  all  state,  county, 
and  municipal  taxation,  assessment,  or  other  charges."  (Approved 
April  5,  1899.  Genl.  Stats,  of  Conn.,  1902,  p.  1010,  sec.  4102.) 

FORT   GRISWOLD. 

This  reservation  contains  12.3  acres  and  is  situated  on  Groton 
Heights,  in  New  London  County. 

The  title  is  as  follows:  The  old  fort,  owned  and  occupied  by  the 
State  as  early  as  1775,  was,  together  with  lands  purchased  by  the 
State  in  1777  from  J.  Chester  and  E.  Prior,  aggregating  4.643  acres, 
by  the  State  Legislature  authorized  to  be  ceded  to  the  United  States. 


32  UNITED   STATES   MILITAKY  KESERVATIONS,   ETC. 

(Not  evidenced  by  deed  of  cession.)     Additional  lands  were  pur- 
chased as  follows: 

1.  Deed  from  Latham  Avery,  dated  August  3,  1812    (conveying 
1.958  acres) ,  recorded  in  Deed  Book  16,  page  56,  of  the  land  records 
of  the  town  of  Groton. 

2.  Deed  from  Ebenezer  Avery,  dated  August  3,  1812  (conveying 
1  acre  and  90  rods),  recorded  in  Book  16,  page  56,  of  same  records. 

3.  Deed  from  William  F.  Brainard,  attorney,  etc.,  dated  Septem- 
ber 16,  1812  (conveying  1  acre  and  74  rods),  recorded  in  Book  15, 
page  212,  of  same  records. 

4.  Purchase  from  Nicholas  Lester,  -       — ,  1841 ;  no  record  received 
of  deed ;  area  by  purchase,  2,759  acres. 

5.  Purchase  from  Albert  Latham,  -       — ,  1841 ;  no  record  received 
of  deed;  area,  0.179  acre. 

6.  Purchase  from  Humphrey  Baker,  March  26,  1842 ;  evidenced  by 
bond  for  deed. 

7.  Purchase  from  Albert  Latham,  March  25,  1842;  evidenced  by 
bond  for  deed,  aggregating  3.058  acres. 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature  approved 
June  9,  1842,  which  is  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  his  Excellency,  the  Governor, 
be,  and  he  is  hereby  authorized  and  empowered  to  cede  to  the  United 
States,  Fort  Trumbull,  in  the  town  of  New  London,  and  Fort  Gris- 
wold,  in  the  town  of  Groton,  and  the  jurisdiction  of  the  lands  whereon 
the  same  are  situated,  and  so  much  of  the  lands  thereto  adjoining  as 
in  his  opinion  may  be  necessary  for  the  accommodation  of  the  United 
States. 

"  SEC.  2.  Be  it  further  enacted,  That  the  deed,  or  instrument  of 
such  cession,  shall  be  recorded  by  the  Secretary  of  State  before  its 
final  delivery  to  the  United  States.  Provided,  however,  That  the 
right  to  serve  civil  and  criminal  process  upon  said  lands,  be,  and  the 
same  is  hereby  reserved." 

There  appears  to  be  no  record  of  the  cession  by  deed  as  contem- 
plated in  the  act,  but  notwithstanding  this  fact,  it  was  held  by 
Attorney-General  Akerman,  in  an  opinion  dated  April  15,  1871,  that 
the  jurisdiction  of  the  United  States  over  Fort  Trumbull  was  un- 
questionable. In  his  opinion  he  said:  (XIII  Opinions,  411) 

"  It  is  not  questioned  that  the  land  is  owned  by  the  United  States, 
or  that  the  purchase  was  with  the  consent  of  the  legislature  of  the 
State.  There  is  wanting  a  formal  deed  of  cession  which  the  legisla- 
ture intended  should  be  executed  on  the  part  of  the  State.  Such  a 
formality  is  not  necessary  to  give  jurisdiction. 

"  The  purchase  by  the  United  States,  and  the  consent  of  the  legis- 
lature to  the  purchase,  gave  to  Congress  the  exclusive  power  of  legis- 
lation over  the  purchased  land.  (Constitution  of  the  United  States, 
Art.  I,  sec.  8.)  A  legislative  consent  to  the  purchase  could  be  given 
either  before  or  after  the  purchase,  and  such  consent,  whenever  given, 
together  with  the  fact  of  the  purchase,  establishes  the  jurisdiction  of 
the  United  States." 

The  right  to  occupy  the  Fort  Griswold  tract  for  the  purposes  of  a 
public  park  was  granted  to  the  State  of  Connecticut  by  act  of  Con- 
gress, June  6,  1902,  but  the  United  States  reserved  to  itself  the  fee  in 
said  tract  and  the  right  to  resume  possession,  etc. 

See  also  General  Act  of  Cession. 


CONNECTICUT.  33 

FORT    HALE. 

This  reservation  contains  about  30  acres,  and  is  situated  on  the  east 
shore  of  New  Haven  Harbor,  in  the  Town  of  New  Haven;  the  title 
being  as  follows: 

1.  Deed  from  Kneeland  Townsend,  dated  April  27,  1809,  recorded 
May  10,  1809,  in  East  Haven  Fourth  Ledger  Book,  page  87. 

2.  Deed  from  Truman  Colt,  dated  May  3,  1809,  and  recorded  May 
10,  1809,  page  88,  of  same  records. 

3.  Deed  from  Philemon  Augur,  dated  August  21,  1809,  and  re- 
corded August  24,  1809,  page  92,  of  same  records. 

4.  Deed  from  Benjamin  Belden  and  Lyman  Hotchkiss  and  wife, 
dated  September  16, 1870,  and  recorded  December  11,  1871,  in  Vol.  19, 
page  22,  of  East  Haven  Land  Records. 

5.  Deed  from  Timothy  Andrews,  Trustee,  dated  August  19,  1871, 
and  recorded  December  *11,  1871,  in  Vol.  18,  pages  785-786,  of  same 
records. 

6.  Deed  from  C.  W.  Bradley,  Trustee  for  Episcopal  Church,  dated 
August  19,  1871,  and  recorded  December  11,  1871,  in  Vol.  18,  pages 
786-787,  of  same  records. 

7.  Deed  from  Martha  P.  Pardee,  dated  August  19,  1871,  and  re- 
corded December  11,  1871,  in  Vol.  18,  page  650,  of  same  records. 

8.  Deed  from  Martha  P.  Pardee,  Guardian,  dated  August  21,  1871, 
and  recorded  December  11,  1871,  in  Vol.  17,  pages  673-674,  of  same 
records. 

9.  Deed   from  Samuel  Forbes,  dated  August  21,   1871,  recorded 
December  11,  1871,  in  Vol.  19,  page  23,  of  same  records. 

10.  Deed  from  Benjamin  Belden  and  Lyman  Hotchkiss  and  wife, 
dated  December  11,  1871,  recorded  December  16,  1871,  in  Vol.  19, 
page  24,  of  same  records. 

11.  Deed  from  Isaac  C.  Stock,  dated  October  25,  1872,  recorded 
November  7,  1872,  in  Vol.  19,  page  110,  of  same  records. 

12.  Deed    from   Bela   Forbes,   dated   October   29,   1872,   recorded 
October  29,  1872,  in  Vol.  19,  page  109,  of  same  records. 

13.  Deed   from   Bela    Forbes,   dated   October  29,   1872,   recorded 
October  29,  1872,  in  Vol.  19,  page  652,  of  same  records. 

14.  Deed  from  Bela   Forbes,  dated  November  5,   1872,  recorded 
November  7,  1872,  in  Vol.  19,  page  655,  of  same  records. 

15.  Decree  of  Condemnation  rendered  in  the  Superior  Court,  Octo- 
ber 21,  1872,  in  the  case  of  United  States  v.  Bela  Forbes — Recorded 
October  29,  1872,  in  Vol.  20,  pages  10  to  17,  inclusive;  of  same  records. 

Consent  to  the  purchase  and  jurisdiction  over  the  above-conveyed 
lands,  except  those  described  in  Deeds  numbered  1,  2,  and  3,  as 
follows : 

Act  of  State  Legislature  approved  July  12,  1870 : 

"  SECTION  1.  The  consent  of  this  State  is  hereby  given  to  the  pur- 
chase by  the  United  States  of  America,  of  so  much  land  adjacent  to 
Fort  Hale  in  the  town  of  East  Haven  as  lies  westerly  of  a  line  marked 
A  B  on  a  map  of  premises  at  Fort  Hale,  &c.,  surveyed  in  1864  for  the 
United  States  Government  by  William  Hartley  on  file  in  the  War 
Department  of  the  United  States,  and  to  so  much  of  the  land  of  Bela 
Forbes  as  lies  adjacent  to  and  easterly  of  said  line;  the  premises  for 

16809—10 3 


34  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

the  purpose  of  which  consent  is  hereby  given,  being  land  owned  by 
J.  G.  Stark,  about  three  acres,  land  owned  by  Bela  Forbes,  about  nine 
acres,  land  owned  or  claimed  by  the  Episcopal  Society  in  East  Haven, 
about  one  acre,  land  owned  by  Samuel  Forbes,  about  one  acre,  land 
formerly  owned  by  L.  Pope,  about  eight  acres,  and  land  formerly 
owned  by  Isaac  Pardee,  about  two  acres. 

"  SEC.  2.  Jurisdiction  is  hereby  ceded  to  the  United  States  of 
America  over  all  such  lands  as  may  be- purchased  by  the  United 
States,  within  the  limits  provided  in  the  preceding  section ;  reserving, 
however,  the  right  to  serve  both  civil  and  criminal  process,  issued 
under  the  authority  of  laws  of  this  State,  upon  said  lands." 

Act  of  the  State  Legislature,  approved  July  14,  1870: 

"  Whereas  the  United  States  have  taken  and  used  for  purposes  of 
fortification  at  Fort  Hale  in  the  town  of  East  Haven,  a  certain  parcel 
of  salt  meadow  land,  containing  about  four  acres,  formerly  belonging 
to  Mary  Bishop  of  East  Haven,  and  by  her  devised  to  the  Episcopal 
Society  in  said  town,  in  trust  to  apply  the  rents  and  profits  therefrom 
to  the  support  of  an  Episcopal  minister  in  said  town,  forever;  and 
also  another  parcel  of  land  or  salt  meadow  near  said  fort,  lying  east 
of  King  Island,  comprising  about  two  acres  and  belonging  formerly 
to  Isaac  Pardee  of  said  town,  but  now  held  in  trust  under  said  Par- 
dee's  will  by  Timothy  Andrews  of  said  town  for  the  benefit  of  Joseph 
Pardee  of  said  town,  and  the  family  of  said  Joseph;  and  Whereas 
the  United  States  are  desirous  to  purchase  said  two  described  parcels, 
and  said  Episcopal  Society  have  voted  to  sell  their  interest  in  said 
first -described  tract  to  the  United  States,  and  said  Timothy  Andrews 
desires  to  sell  said  second-described  parcel  to  the  United  States,  and 
it  is  manifestly  for  the  interest  of  all  concerned  in  said  trust  estates 
that  such  sales  should  be  effected :  therefore  be  it.  i 

"Resolved,  etc.,  That  the  Protestant  Episcopal  Society  of  East 
Haven  hereby  is  authorized  and  empowered  to  sell  and  convey  their 
interest  in  the  first  parcel  of  salt  meadow  land  above  described  and 
Charles  W.  Bradley  of  East  Haven  is  hereby  authorized  to  convey 
the  same  as  the  agent  of  said  society  to  the  United  States  on  such 
terms  as  the  parties  may  agree  upon ;  and  Timothy  Andrews  of  East 
Haven  is  hereby  empowered  to  sell  and  convey  to  the  United  States 
the  second  above-described  parcel  of  salt  meadow  land  on  such  terms 
as  he  may  agree  upon  with  the  United  States;  and  such  conveyances 
when  made  shall  vest  in  the  United  States  a  clear  title  to  the  premises 
conveyed,  free  and  discharged  of  any  trust;  Provided,  however,  that 
it  shall  be  the  duty  of  said  Society  and  of  said  Timothy  Andrews  to 
reinvest  the  moneys  by  them  respectively,  received  for  said  convey- 
ances in  other  lands,  or  in  public  or  mortgage  securities  and  hold  the 
same  in  each  case  subject  to  the  same  trusts  created  by  the  wills  under 
which  their  respective  titles  were  originally  derived  with  reference 
to  said  respective  parcels  of  land  thus  to  be  conveyed." 

And  the  following  Act  of  the  State  Legislature,  approved  June  26, 
1872: 

"  SECTION  1.  The  consent  of  this  State  is  hereby  given  to  the  pur- 
chase by  the  United  States  of  America  of  so  much  land  adjacent  to 
the  grounds  surrounding  Fort  Hale  in  the  town  of  East  Haven  as  lies 
westerly  of  a  line  marked  A,  B,  C,  D,  E,  on  a  map  of  premises  at  Fort 
Hale,  etc.,  surveyed  in  1864,  for  the  U.  S.  Government,  by  William 


CONNECTICUT.  35 

Hartley,  on  file  in  the  War  Department  of  the  United  States;  the 
premises,  for  the  purchase  of  which  consent  is  hereby  given,  being  the 
same  premises  described  in  the  Act  to  which  this  Act  is  in  addition, 
together  with  one  additional  triangular  strip  of  land  containing  about 
one  acre  and  three-quarters,  conveyed  to  the  United  States  by  Ben- 
jamin Belden,  Lyman  Hotchkiss  and  Sarah  A.  Hotchkiss  by  deed 
dated  December  eleventh,  1871,  and  recorded  in  East  Haven  land 
records,  volume  19,  page  24,  and  designated  on  said  map,  or  a  tracing 
thereof,  filed  by  the  United  States  in  the  office  of  the  Secretary  of  this 
State,  by  the  lines  A,  B,  B." 

(Sections  2,  3,  4,  5  and  6  .provide  for  condemnation,  manner  of  pro- 
cedure, etc.) 

"  SEC.  7.  Jurisdiction  is  hereby  ceded  and  confirmed  to  the  United 
States  of  America  over  all  such  lands  as  have  been  or  may  be  acquired 
by  the  United  States,  within  the  limits  provided  and  described  in  the 
first  section  of  this  Act ;  so  long  as  the  same  shall  remain  the  property 
of  the  United  States ;  reserving,  however,  the  right  to  serve  both  civil 
and  criminal  process  issued  under  the  authority  or  laws  of  this  State, 
upon  said  lands/' 

By  an  act  of  Congress,  approved  September  1,  1890,  the  Town  of 
New  Haven  was  granted  the  right  to  occupy,  improve  and  control  for 
the  purposes  of  a  public  park,  the  foregoing  described  reservation, 
but  the  United  States  reserved  to  itself  the  fee  in  said  tract  and  the 
right  to  resume  possession,  etc. 

See  also  General  Act  of  Cession. 

Revocable  License:  License,  June  30,  1890,  to  the  Town  of  New 
Haven  to  enter  upon  the  reservation  and  improve  the  road  thereon 
and  construct  a  new  road  along  the  eastern  boundary. 

LIGHT  HOUSE  POINT. 

(Or  Five-Mile  Point.) 

This  reservation  contains  about  1  acre  and  is  situated  in  the  town  of 
East  Haven,  about  5  miles  from  New  Haven. 

The  title  is  as  follows: 

Deed  from  Amos  Morris,  dated  May  5,  1804,  conveying  the  above 
site  for  light-house  purposes.  Deed  recorded  in  East  Haven  Ledger 
Book,  page  242,  May  5,  1804. 

The  site  being  no  longer  needed  for  light-house  purposes  was  trans- 
ferred to  the  War  Department,  November  6,  1896. 

Jurisdiction  was  ceded  by  the  General  Assembly  of  Connecticut,  on 
the  second  Thursday  of  May,  1804. 

See  also  General  Act  of  Cession. 

Revocable  Lease:  Lease  for  five  years  from  January  1,  1907,  of  this 
reservation  to  Albert  Widmann. 

FORT    TRUMBULL. 

The  total  area  of  this  reservation  is  13.63  acres,  with  metes  and. 
bounds  as  announced  in  G.  O.  167,  W.  D.,  October  3,  1906.  It  is  sit- 
uated on  the  south  of  New  London  Harbor  about  1|  miles  above  the 
mouth  of  the  Thames  River. 

The  title  is  as  follows:  Original  reservation  held  by  the  State  for 
military  purposes  and  first  post  established  by  the  State  in  1775.  In 


36  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

October,  1778,  the  State  legislature  authorized  this  post  to  be  ceded 
to  the  United  States,  but  there  exists  no  evidence  of  any  action  by  the 
Governor.  In  May,  1804,  the  State  Legislature,  by  an  Act  approved 
May  — ,  1804,  gave  consent  to  the  purchase  by  the  United  States,  the 
material  portion  of  said  act  being  included  in  the  following : 

Deed  from  Samuel  Mather,  John  Munford  and  Elias  Perkins,  guar- 
dians, etc.,  dated  January  17,  1805,  conveying  11 J  acres  and  recorded 
in  *  *  '*. 

By  Act  of  Congress  approved  March  2,  1833,  an  additional  tract  of 
land  was  acquired  by  Deed  from  Lucretia  Mitchell  to  the  United 
States,  dated  April  9,  1833,  conveying  2£  Acres,  27  Poles  and  204 
Square  Links,  and  recorded  in  Book  40,  page  362,  of  the  records  of 
Town  of  New7  London. 

Agreement  defining  boundary  of  land  by  Lucretia  Mitchell,  above 
grantor,  dated  July  15,  1833,  and  recorded  July  23,  1833,  in  Book  38, 
page  323,  of  records  of  town  of  New  London.  By  Act  of  the  State 
Legislature  approved  June  9,  1842,  the  Governor  was  authorized. to 
cede  to  the  United  States  Fort  Trumbull  and  Fort  Griswold,  together 
with  jurisdiction.  No  cession  by  deed,  but  see  Fort  Griswold.  See 
also  Appendix,  page  468.  See  also  General  Act  of  Cession. 

Revocable  License:  License,  February  14,  1899,  to  the  Board  of 
Sewer  Commissioners  of  New  London  to  construct  and  maintain  a 
sewer  across  the  reservation. 


CUBA. 

GUANTANAMO    BAY. 

This  reservation,  declared  by  Executive  Order,  dated  January  9, 
1904,  consists  of  three  parts,  within  the  limits  of  the  naval  station  at 
Guantanamo  Bay,  which  station  was  acquired  by  lease  from  the 
Republic  of  Cuba,  signed  at  Havana  July  2,  1903,  approved  by  the 
President  October  2,  1903,  ratified  by  the  President  of  Cuba,  August 
17,  1903,  and  ratifications  of  which  were  exchanged  at  Washington, 
October  6,  1903. 

Authority  of  the  President  to  approve  the  above  lease  was  con- 
ferred by  Act  of  Congress,  approved  March  2,  1901  (31  Stats.  L.,  p. 
898,  sec.  7). 

RESERVATION  No.  1. 

The  west  part  of  Cuzco  Hills,  extending  from  the  bay  to  a  true 
north  and  south  line,  3,545  feet  due  east  from  Windward  Point  light- 
house, assuming  6,000  feet  as  equal  to  a  nautical  mile,  with  the  follow- 
ing exceptions: 

(a)  Such  lands  on  the  hilltops  as  may  be  needed  for  naval  wireless- 
telegraph  stations,  and  such  rights  of  way  as  may  be  required  to  reach 
the  lands. 

(b)  Five  acres  of  land  for  light-house  purposes,  the  exact  location 
to  be  determined  when  the  construction  of  batteries  on  this  part  of 
the  reservation  is  undertaken. 

(c)  On  Fishermans  Point,  for  the  use  of  the  harbor-master,  pilots, 
and  lookout  station,  the  land  bounded  as  follows :  The  nearest  point 


CUBA.  37 

of  southeasterly  boundary  line  shall  be  three  hundred  and  fifty  (350) 
feet  from  the  point  marked  "Observation   Spot"  on  the  Hydro- 

fraphic  Office  Chart  No.  1857 ;  that  it  shall  run  in  a  direction  south 
orty  (40)  degrees  west  (true)  until  it  intersects  the  southern  bound- 
ary line;  the  southern  boundary  line  shall  run  in  a  westerly  direc- 
tion from  the  intersection  to  the  water,  at  a  distance  of  about  one 
hundred  (100)  feet  south  of  the  inner  crest  of  the  bluff  south  of  Fish- 
ermans  Point ;  the  intention  being  that,  throwing  out  the  irregulari- 
ties of  the  line  of  the  inner  crest  of  the  bluff,  the  plot  of  land  on  the 
bluff  shall  average  about  one  hundred  (100)  feet  in  width  north  and 
south.  It  is,  however,  understood  that  if  this  plot  on  the  bluff  is 
essential  to  the  Army  in  providing  for  the  defense  of  the  bay  another 
site  suitable  for  a  lookout  and  signal  station  will  be  selected. 

(d)  A  site  for  a  wharf  to  be  allotted  to  the  Light-House  Establish- 
ment, either  in  the  bight  south  of  Corinaso  Point  or  at  the  extremity 
of  the  beach  on  the  north  side  of  the  point,  as  it  may  prefer,  and  free 
right  of  way  for  its  employees  and  supplies  to  and  from  the  light- 
house reservation  at  Windward  Point. 

Under  date  of  September  18,  1905,  the  Acting  Secretary  of  War 
transferred  to  the  Department  of  Commerce  and  Labor  for  light- 
house depot  a  small  parcel  of  land  at  Corinaso  Point  near  Fishermans 
Point,  within  the  military  reservation  on  Cuzco  Hills. 

Revocable  licenses:  License,  March  25,  1907,  to  the  Mexican  Tele- 
graph Company  and  the  Central  and  South  American  Telegraph 
Company  to  land  their  proposed  cable  between  New  York  City  and 
the  Canal  Zone. 

License  of  March  25,  1907,  modified  May  8,  1907,  and  authority 
given  for  additional  house  at  Fishermans  Point. 

License,  February  6,  1908,  to  Central  and  South  American  Tele- 

fraph  Company  for  overhead  line  from  Cable  Station  at  Fishermans 
'oint  to  cable  hut,  Guantanamo  Bay. 

RESERVATION  No.  2. 

On  Conde  Bluff,  extending  one-eighth  (^)  nautical  mile  along 
the  beach  from  the  center  of  the  bluff  to  a  true  north  and  south  line, 
the  east  boundary;  north  along  this  line  one-quarter  (|)  nautical 
mile ;  thence  west  along  a  true  east  and  west  line  to  a  point  one  hun- 
dred (100)  feet  east  of  Guantanamo  River.  The  south  boundary  line 
of  this  reservation  to  be  determined  by  a  true  east  and  west  line  ex- 
tending from  a  point  on  the  beach  three-eighths  (f )  nautical  mile 
from  the  center  of  the  bluff  to  a  point  one  hundred  (100)  feet  east  of 
the  Guantanamo  River.  The  west  boundary  to  be  a  line  joining  the 
two  points  above  given  one  hundred  (100)  feet  east  of  the  Guanta- 
namo River,  the  strip  of  land  along  the  bank  being  required  for  a 
highway. 

This  is  not,  however,  to  prevent  the  Army  from  building  landing 
places  for  landing  its  stores  along  this  portion  of  the  river,  if  it  is 
necessary. 

RESERVATION  No.  3. 

All  that  land  on  the  west  side  of  the  harbor  as  is  included  between 
the  ocean,  bay,  and  river,  east  of  a  true  north  and  south  line  three- 
quarters  (|)  nautical  mile  west  from  St.  Nicholas  Point, 


38  UNITED   STATES  MILITARY  RESERVATIONS,  ETC. 

DELAWARE. 

GENERAL   ACT   OF   CESSION. 

Be  it  enacted,  etc.,  SECTION  I.  That  the  consent  of  the  Legislature 
of  Delaware  be  and  the  same  is  hereby  given  to  the  purchase  by  the 
Government  of  the  United  States,  or  under  authority  of  the  same,  of 
any  tract,  piece  or  parcel  of  land  not  exceeding  one  hundred  acres  in 
any  one  place  or  locality  from  any  individual  or  individuals,  bodies 
politic  or  corporate,  within  the  boundaries  or  limits  of  the  State  of 
Delaware,  for  the  purpose  of  erection  thereon  of  forts,  magazines, 
arsenals,  dockyards  and  other  needful  buildings;  and  all  deeds,  con- 
veyances, or  title  papers  for  the  same  shall  be  recorded  as  in  other 
cases  upon  the  land  records  of  the  county  in  which  the  land  so  con- 
veyed may  be  situated ;  and  in  like  manner  may  be  recorded  a  suffi- 
cient description,  by  metes  and  bounds,  courses  and  distances,  of  any 
tracts,  legal  divisions  of  any  public  land  belonging  to  the  United 
States,  which  may  be  set  apart  by  the  general  government  for  any 
or  either  of  the  purposes  before  mentioned,  by  an  order  patent,  or 
other  official  document  or  papers  so  describing  such  land.  The  con- 
sent herein  and  hereby  given  being  in  accordance  writh  the  eighteenth 
clause  of  the  eighth  Section  of  the  first  Article  of  the  Constitution  of 
the  United  States,  and  with  the  Acts  of  Congress  in  such  cases  made 
and  provided. 

SEC.  2.  The  lots,  parcels,  or  tracts  of  land  so  selected,  together  with 
the  tenements  and  appurtenances,  for  the  purposes  before  mentioned, 
shall  be  held  exempt  from  taxation  by  the  State  of  Delaware. 

SEC.  3.  The  sovereignty  and  jurisdiction  of  this  State  shall  extend 
over  all  lands  hereafter  acquired  by  the  United  States  within  the 
limits  of  this  State,  so  far  as  that  all  civil  and  criminal  process,  issued 
by  virtue  of  any  law  of  the  State,  may  be  executed  in  any  part  of  the 
lands  so  acquired,  or  the  building  or  structures  thereon  erected.  (Ap- 
proved May  19,  1898.  Laws  of  Delaware,  1898,  p.  3.) 

FORT  DELAWARE. 

The  reservation  includes  the  whole  of  "  Pea  Patch  Island ;  "  con- 
tains 178  acres;  is  situated  in  the  Delaware  River  near  the  town  of 
Newcastle. 

The  title  to  and  jurisdiction  over  the  Island  was  ceded  to  the  United 
States  by  an  Act  of  the  State  Legislature,  approved  May  27,  1813,  as 
follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title,  and  claim 
which  this  State  has  to  the  jurisdiction  and  soil  of  the  island  in  the 
Delaware,  commonly  called  the  Pea-patch,  be,  and  the  same  is  hereby, 
ceded  to  the  United  States  of  America,  for  the  purpose  of  erecting 
forts,  batteries,  and  fortifications,  for  the  protection  of  the  river  Dela- 
ware and  the  adjacent  country;  upon  the  condition  nevertheless,  that 
the  said  forts,  batteries,  and  fortifications  shall  be  erected  and  kept 
up  at  the  expense  of  the  United  States,  and  also  that  all  process,  civil 
and  criminal,  issuing  under  the  authority  of  this  State  may  be  exe- 
cuted and  served  within  the  place,  the  jurisdiction  of  which  is  hereby 


DELAWARE.  39 

ceded  as  aforesaid,  in  the  same  manner  as  if  no  such  cession  had  been 
made." 

See  Ex.  Doc.  No.  21,  Thirtieth  Congress,  first  session  (Senate), 
report  of  the  Solicitor  of  the  Treasury  transmitting  decision  of  Hon. 
John  Sergeant,  in  favor  of  the  United  States  in  the  matter  of  the  Pea 
Patch  Island,  referred  to  him  as  sole  arbitrator  between  the  United 
States  claiming  title  from  the  State  of  Delaware  on  one  side,  and 
James  Humphrey  claiming  title  through  Henry  Gale  from  the  State 
of  New  Jersey,  on  the  other. 

NOTE.— Title,  "  Pea  Patch  Island,  Delaware :  "  The  territory  of  the  State  of 
Delaware  within  the  "  twelve-mile  circle  "  extends  across  the  Delaware  River 
to  low-water  mark  on  the  Jersey  shore.  So  held  in  the  arbitration  at  Philadel- 
phia, January  15,  1845. 

The  title  to  the  tract  having  afterwards  become  involved  in  dispute, 
the  following  deeds  were  executed : 

1.  Deed  from  J.  T.  Hudson,  dated  August  13,  1842,  conveying  Pea 
Patch  Island. 

2.  Deed  from  James  Humphrey,  dated  June  9,  1847,  conveying  Pea 
Patch  Island.    Deed  recorded  in  Book  5,  folio  605,  of  the  records  of 
Salem  County. 

FORT  DU  PONT. 

This  reservation  contains  269.35  acres,  and  is  situate  opposite  Fort 
Delaware  (Pea  Patch  Island),  in  Red  Lion  Hundred,  Newcastle 
Countv,  with  metes  and  bounds  as  announced  in  G.  O.  140,  W.  D., 
August  28,  1908. 

The  title  is  as  follows : 

1.  Deed  from  Clement  Reeves  and  wife,  dated  September  12,  1871 ; 
recorded  September  23,  1871,  Deed  Record  O,  Vol.  9,  page  10,  etc., 
in  deed  records  of  Newcastle  County. 

2.  Deed  from  Harry  C.  Clark  and  wife,  dated  July  24,  1899,  con- 
veying 111.5  acres.    Deed  recorded  in  Record  B,  Vol.  18,  page  230, 
of  same  records. 

3.  Deed  dated  December  8,  1904,  from  Isaac  Reeves,  et  al.,  recorded 
April  4,  1905,  in  the  Recorder's  Office  at  Wilmington,  in  Deed  Record 
E,  Vol.  20,  page  559,  et  seq.,  conveying  two  tracts  of  land,  comprising 
an  area  of  95.52  acres,  adjoining  the  reservation. 

Jurisdiction  over  tract  acquired  in  1871  was  ceded  by  Act  of  the 
State  Legislature,  approved  January  30,  1867;  and  over  tracts  ac- 
quired in  1899  and  1904,  by  act,  approved  March  16,  1905.  These 
Acts  provide  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  Clement  Reeves  and  James  B. 
Henry,  both  of  New  Castle  County,  are  hereby  authorized  and 
empowered  to  convey  to  the  United  States  a  certain  tract  of  land, 
situated  in  Red  Lion  hundred,  in  said  county,  upon  which  the  United 
States  has  recently  erected  a  fortification  known  as  the  '  Ten  Gun 
Battery,'  and  also  the  road  leading  from  said  fortification  to  the 
Delaware  and  Chesapeake  Canal. 

"  SEC.  2.  And  be  it  further  enacted,  That  jurisdiction  over  the  said 
land  and  road  purchased  by  the  United  States  for  the  purposes  afore- 
said is  hereby  ceded  to  the  United  States;  Provided,  nevertheless, 
That  all  civil  and  criminal  process  issued  under  the  authority  of 


40  UNITED   STATES   MILITAKY  RESERVATIONS,  ETC. 

this  State  shall  continue  to  run  into  and  be  served  and  executed  in 
and  upon  said  tract  of  land  and  all  parts  thereof  in  the  same  manner 
as  if  the  jurisdiction  had  not  been  granted  as  aforesaid."  (Act  of 
January  30,  1867.) 

(There  does  not  seem  to  be  any  deed  from  the  James  B.  Henry 
mentioned  in  the  Act,  nor  evidence  of  title  in  said  Henry.  No  deed 
for  road  unless  included  in  land  conveyed  by  Reeves  and  wife.) 

"  SECTION  1.  That  the  consent  of  the  Legislature  of  Delaware  be 
and  the  same  is  hereby  given,  pursuant  to  the  seventeenth  clause  of 
the  eighth  section  of  the  first  article  of  the  Constitution  of  the  United 
States,  to  the  purchase  by  the  United  States  of  the  three  tracts  of 
land  aggregating,  approximately,  two  hundred  and  seven  acres,  situ- 
ate in  Red  Lion  Hundred,  New  Castle  County,  for  the  enlargement  of 
the  military  reservation  of  Fort  Du  Pont,  Delaware,  said  tracts  com- 
prising about  one  hundred  and  eleven  and  five-tenths  acres,  acquired 
by  deed  from  Harry  C.  Clark  and  wife,  dated  the  twenty-fourth  day 
of  July,  one  thousand  eight  hundred  and  ninetj^-nine,  and  recorded 
in  Deed  Record  B,  volume  eighteen,  page  two  hundred  and  thirty, 
etc.,  in  the  Recorder's  Office  at  Wilmington,  Delaware;  and  two 
parcels  aggregating  about  ninety-five  and  fifty-two  hundredths  acres, 
to  be  purchased  from  Thomas  C.  Reeves  et  al.,  heirs  of  Clement 
Reeves,  deceased :  Provided,  That  the  sovereignty  and  jurisdiction 
of  this  State  shall  extend  over  said  lands  so  far  as  that  all  civil  proc- 
ess and  such  criminal  process  as  may  issue  under  the  authority  of 
this  State  against  any  person  or  persons  charged  with  crimes  or  other 
offenses  committed  without  such  lands  may  be  executed  thereon  in 
the  same  way  and  manner  as  if  this  consent  had  not  been  given." 
(Act  of  March  16,  1905.) 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Newcastle  Hundred,  County  of  Newcastle, 
and  comprises  a  tract  of  227  acres,  of  which  2.51  acres  are  occupied 
by  the  right  of  way  of  the  Wilmington,  Newcastle  and  Southern 
Railroad  Company,  and  1.68  acres  are  included  in  and  a  part  of  the 
public  road  bordering  the  tract.  The  title  is  as  follows: 

Deed  from  Alfred  R.  Haig,  et  use.,  and  James  Alfred  Smith,  et  ux., 
dated  November  16,  1898,  conveying  the  entire  tract.  Recorded  in 
the  Recorder's  Office,  Newcastle  County,  in  Deed  Record  B,  Vol.  22, 
page  403. 

Jurisdiction.  By  Act  of  the  State  Legislature,  approved  February 
11,  1907,  consent  was  given  to  the  purchase  of  any  tracts  which  may 
be  selected  for  use  as  a  target  range  by  the  National  Guard,  and  for 
the  purpose  of  erecting  thereon  such  buildings  as  may  be  necessary 
for  said  use,  not  exceeding  500  acres  in  the  aggregate,  subject  to  the 
following  provision: 

"  SECTION  3.  The  sovereignty  and  jurisdiction  of  this  State  shall 
extend  over  all  lands  hereafter  acquired  by  the  United  States  within 
the  limits  of  this  State,  so  far  as  that  all  civil  and  criminal  process, 
issued  by  virtue  of  any  law  of  this  State,  may  be  executed  in  part  of 
the  lands  so  acquired  or  the  building  or  structures  thereon  erected." 


DISTRICT  OF   COLUMBIA.  41 

DISTRICT  OF  COLUMBIA. 

AQUEDUCT  BRIDGE. 

(Northern  approach  to.) 

This  reservation  contains  172  square  feet.     The  title  is  as  follows: 

Decree  of  condemnation  for  172  square  feet  of  land  in  a  cause 
entitled  the  "  United  States  v.  Chesapeake  and  Ohio  Canal  Com- 
pany," in  the  Supreme  Court  of  the  District  of  Columbia.  Decree 
rendered  September  20,  1889,  and  filed  the  same  day  in  Clerk's  Office 
of  said  Court.  The  decree  also  grants  a  right  of  way  49.37  feet  in 
width  across  the  canal  of  the  Chesapeake  and  Ohio  Canal  Company. 

(See  also  Aqueduct  Bridge,  Virginia.) 

Easement:  Act  of  Congress,  approved  January  29,  1903,  provided 
for  the  crossing  of  Aqueduct  Bridge  by  the  Great  Falls  and  Old 
Dominion  Railroad  Company. 

BATTLE   GROUND    NATIONAL   CEMETERY. 

The  area  of  this  cemetery  is  1.033  acres.  It  is  situated  on  the  east 
side  of  the  Washington  and  Rockville  Turnpike,  near  Brightwood, 
being  a  portion  of  a  tract  of  land  adjoining  old  Washington,  known 
as  the  "  Girls'  Portion." 

The  title  is  as  follows :  Possession  taken,  on  behalf  of  the  Govern- 
ment, for  National  Cemetery  purposes,  by  Quartermaster-General 
M.  C.  Meigs  in  July,  1864.  Possession  retained  and  title  acquired 
under  the  provisions  of  the  Act  of  Congress,  approved  February  22, 
1867,  providing  for  National  Cemeteries.  Land  appraised,  paid  for 
ancl  title  passed  on  petition  of  the  owner,  James  Mulloy  v.  The 
United  States,  filed,  presented,  and  confirmed  in  the  Supreme  Court 
of  the  District  of  Columbia,  July  23,  1868.  Cause  No.  188,  District 
Court  Docket. 

COLUMBIA    HARMONY    ASSOCIATION     (BURIAL    SITE). 

Lots  1  and  2,  burial  sites.  Cemetery  situated  near  Washington. 
Title  derived  by  sale  to  the  United  States  from  the  Columbia  Har- 
mony Association.  For  the  care,  etc.,  of  the  graves,  the  property  is 
in  possession  of  the  above-named  association  under  an  agreement  in 
writing  dated  October  1,  1868. 

DISTRICT  OF  COLUMBIA   MAGAZINE. 

This  reservation  contains  an  area  of  4  acres.  It  is  situated  in 
Georgetown,  now  West  Washington.  The  title  is  as  follows: 

Deed  from  Thomas  A.  Brooke,  dated  September  9,  1815;  recorded 
in  Liber  A.  K.  No.  35,  folios  3  and  4,  of  the  land  records  of  Wash- 
ington. 

FORD'S  THEATER  PROPERTY. 

This  property  is  situated  on  the  east  side  of  Tenth  street,  between 
E  and  F  streets,  in  the  city  of  Washington;  the  title  being  acquired 
as  follows:  An  Act  of  Congress,  approved  April  7,  1866,  provided 
for  its  purchase  from  John  T.  Ford,  and  under  its  provisions  said 
John  T.  Ford  conveyed  to  the  United  States  by  deed  dated  May  12, 
1866;  recorded  in  Liber  No.  737,  Folio  321,  of  the  land  records  of 


42  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

Washington  County,  in  the  District  of  Columbia.  The  property  con- 
veyed includes  the  whole  of  Lot  10  and  parts  of  Lots  9  and  11  in 
Square  No.  377. 

Deed  from  Alex.  Y.  P.  Garnett  and  wife,  dated  July  13,  1874; 
recorded  July  17,  1874,  in  Liber  No.  757,  Folio  133,  of  the  land 
records  of  Washington  County,  District  of  Columbia.  The  Garnett 
deed  conveyes  a  part  of  Lot  4  in  Square  377,  in  rear  of  the  above 
Theater  property. 

SOLDIERS'  HOME  NATIONAL  CEMETERY. 

This  reservation,  containing  about  16  acres,  was  set  apart  for  a 
place  of  burial  for  officers  and  soldiers,  both  regular  and  volunteer, 
by  the  Commissioners  of  the  Military  Asylum,  by  Special  Order  No. 
198,  dated  Adjutant-General's  Office,  July  25,  1861. 

WALTER  REED   UNITED   STATES   ARMY   GENERAL   HOSPITAL. 

This  reservation  contains  an  area  of  about  43.27  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  No.  83,  W.  D.,  May  2,  1906.  It  is 
situated  west  of  Brightwood  avenue  near  the  north  corner  of  the 
District.  The  title  is  as  follows: 

1.  Deed  from  George  W.  Madert  and  wife,  dated  April  15,  1905, 
received  for  record  September  8,  1905,  and  recorded  in  Liber  No. 
2873,  folios  408  et  seq.,  Land  Records  of  the  District  of  Columbia; 
conveying  43.27  acres. 

2.  Deed  from  George  W.  Madert  and  wife,  dated  May  20,  1905, 
received  for  record  September  8,  1905,  and  recorded  in  Liber  No. 
2873,  folios  410  et  seq.,  of  same  records;  releasing  right  of  way  over 
a  strip  of  land  ten  feet  wide  along  the  southerly  boundary,  Avhich 
was  reserved  by  the  former  deed. 

License:  March  12,  1909,  to  Commissioners  of  the  District  of  Co- 
lumbia for  sewer. 

WASHINGTON  BARRACKS. 

This  reservation  is  situated  on  Greenleaf  s  Point,  in  the  city  of 
Washington,  and  has  been  occupied  for  military  purposes  since  1797. 
The  area  of  the  original  reservation  was  28  acres  2  roods  and  31  poles. 
Title  was  acquired  as  follows:  Reservation  acquired  under  Act  of 
July  16,  1790,  designating  the  site  of  the  District  of  Columbia,  and 
afterwards  announced  by  Executive  Order  dated  July  25,  1798.  The 
area  of  the  reservation  now  is  86.856  acres;  additional  land  having 
been  purchased  under  an  Act  of  Congress  approved  March  3,  1857, 
and  the  area  having  been  increased  considerably  by  accretion  and 
by  filling  in  the  low  land  and  shoal  water  along  the  west,  south, 
and  southeast  boundaries  of  the  reservation.  The  title  to  the  addi- 
tional lands  so  purchased  is  as  folloAvs: 

1.  Deed  from  John  Kean,  dated  April  3,  1857;  conveying  square 
No.  548 ;  recorded  in  Liber  I.  A.  S.  No.  147,  folios  258  and  259,  of  the 
land  records  for  Washington  County,  in  the  District  of  Columbia. 

2.  Deed  from  Thomas  Hogan  and  wife,  dated  April  12,  1857,  con- 
veying Lot  No.  8  in  square  548 ;  recorded  in  Liber  I.  A.  S.  No.  147, 
folios  251,  252  and  253,  of  same  records. 

3.  Deed  from  Michael  Dooley  and  wife,  dated  April  18,  1857,  con- 
veying Lot  No.  5,  in  square  548 ;  recorded  in  Liber  I.  A.  S.  No.  147, 
folios  260,  261  and  262,  of  same  records. 


DISTRICT  OF   COLUMBIA.  43 

4.  Deed  from  W.  H.  Phillip,  dated  April  18,  1857,  conveying  Lots 
14,  15,  16,  17,  18,  19  and  20  in  square  548;  recorded  in  Liber  I.  A.  S., 
No.  147,  folios  262,  263  and  264,  of  same  records. 

5.  Deed  from  William  B.  Todd  and  wife  and  William  H.  Phillip, 
dated  April  18,  1857,  conveying  square  No.  506 ;  all  of  square  south 
of  506;  all  of  square  east  of  549;  all  of  square  south  of  549;  all  of 
square  west  of  604 ;  all  of  square  west  of  606 ;  all  of  square  northwest 
of  606  and  also  lot  24  of  square  505 ;  recorded  in  Liber  I.  A.  S.  No. 
149,  folios  35,  36  and  37,  of  same  records. 

6.  Deed  from  James  M.  Carlisle,  dated  April  20,  1857,  conveying 
Lots  1,  2,  3,  21,  22  and  23  in  square  548;  recorded  in  Liber  I.  A.  S. 
No.  147,  folios  246  and  247,  of  same  records. 

7.  Deed  from  Joseph  Moynihen  and  wife,  dated  April  27,  1857, 
conveying  Lot  No.  6  in  square  548 ;  recorded  in  Liber  I.  A.  S.  No.  147, 
folios  255,  256  and  257,  of  same  records. 

8.  Deed  from  Winifred  Martin,  dated  April  28,  1857,  conveying 
Lot  No.  4  in  square  548;  recorded  in  Liber  I.  A.  S.  No.  149,  folios 
37,  38  and  39,  of  same  records. 

9.  Deed  from  William  B.  Todd  and  wife,  dated  April  28,  1857, 
conveying  Lot  No.  9  in  square  548;  recorded  in  Liber  I.  A.  S.  No. 
148,  folios  44,  45,  46  and  47,  of  same  records. 

10.  Deed  from  James  E.  Johnson  and  wife,  dated  April  29,  1857, 
conveying  all  of  square  east  of  square  548;  all  of  square  east  of 
square  east  of  square  548,  and  Lots  Nos.  10,  11,  12  and  13  in  square 
548 ;  recorded  in  Liber  I.  A.  S.  No.  147,  folios  253,  254  and  255,  of 
same  records. 

11.  Deed   from  Wil^am  Gunton,   Stanislaus   Murray,  Archibald 
Henderson,  Jacob  Gideon,  Benjamin  F.  Middleton,  and  John  F.  Cal- 
lan,  surviving  trustees  of  the  Bank  of  Washington,  dated  April  30, 
1857 ;  conveying  square  549 ;  recorded  in  Liber  I.  A.  S.  No.  147,  folios 
248  and  249,  of  same  records. 

12.  Deed  from  John  B.  Kibbey  and  wife,  dated  May  6,  1857,  con- 
veying all  of  square  south  of  south  of  square  506 ;  recorded  in  Liber 
I.  A.  S.  No.  149,  folios  39,  40  and  41,  of  same  records. 

13.  Deed  from  Samuel  Byington  and  wife,  dated  August  7,  1857, 
conveying  Lots  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18, 
19,  20,  21,  22,  23  and  25  in  square  505;  recorded  in  Liber  I.  A.  S.  No. 
148,  folios  41,  42,  43,  and  44,  of  same  records. 

14.  Deed  from  Buckner  Bayliss  and  wife,  dated  October  23,  1857, 
conveying  Lot  No.  7  in  square  548 ;  recorded  in  Liber  I.  A.  S.  No.  147, 
folios  249,  250  and  251,  of  same  records. 

15.  Deed  from  Walter  Lenox,  trustee,  et  al,  dated  December  23, 
1857,  conveying  all  of  square  505;  recorded  in  Liber  I.  A.  S.  No.  148, 
folios  38,  39  and  40,  of  same  records. 

Washington  Arsenal  turned  over  to  the  Quartermaster's  Depart- 
ment and  name  changed  to  Washington  Barracks  May  12,  1881,  under 
authority  of  General  Order  No.  46,  Adjutant-General's  Office,  1881. 

For  jurisdiction  over  all  the  foregoing  described  property  in  the 
District  of  Columbia,  see  clause  17  of  Section  8,  Article  I,  Constitu- 
tion of  the  United  States. 

Revocable  License :  March  17, 1906,  to  The  Chesapeake  and  Potomac 
Telephone  Company  to  erect,  operate,  and  maintain  telephone  line. 


44  UNITED  STATES  MILITABY  KESERVATIONS,  ETC. 

FLORIDA. 

GENERAL   ACT   OF    CESSION. 

"  SECTION  1.  *  *  *  The  United  States  are  hereby  authorized 
and  empowered  to  purchase,  acquire,  hold,  own,  occupy  and  possess 
such  lands  within  the  limits  of  this  State  as  they  shall  seek  to  occupy 
and  hold  as  sites  on  which  to  erect  and  maintain  forts,  magazines, 
arsenals,  dock  yards  and  other  needful  buildings,  or  any  of  them, 
as  contemplated  and  provided  in  the  Constitution  of  the  United 
States;" 

(Section  2  provides  for  condemnation  of  lands  when  price  not 
agreed  upon.) 

"  SEC.  3.  *  *  *  Whenever  the  United  States  shall  contract  for, 
purchase  or  acquire  any  land  within  the  limits  of  this  State  for  the 
purposes  aforesaid  in  either  of  the  modes  above  mentioned  and  pro- 
vided, or  shall  hold  for  such  purposes  lands  heretofore  lawfully 
acquired  or  reserved  therefor,  and  shall  desire  to  acquire  constitu-* 
tional  jurisdiction  over  such  land  for  said  purposes,  it  shall  be  lawful 
for  the  Governor  of  this  State,  upon  application  made  to  him  in 
writing  on  behalf  of  the  United  States  for  that  purpose,  accompanied 
by  the  proper  evidence  of  said  reservation,  purchase,  contract,  or 
acquisition  of  record,  describing  the  land  sought  to  be  ceded  by  con- 
venient metes  and  bounds,  thereupon,  in  the  name  and  on  behalf  of 
this  State,  to  cede  to  the  United  States  exclusive  jurisdiction  over  the 
land  so  reserved,  purchased  or  acquired  and  sought  to  be  ceded;  the 
United  States  to  hold,  use,  occupy,  own,  possess  and  exercise  said 
jurisdiction  over  the  same  for  the  purposes  aforesaid,  and  none  other 
whatsoever:  Provided,  always,  That  the  consent  aforesaid  is  hereby 
given,  and  the  cession  aforesaid  is  to  be  granted  and  made  as  afore- 
said, upon  the  express  condition  that  this  State  shall  retain  a  concur- 
rent jurisdiction  with  the  United  States  in  and  over  the  land  or  lands 
so  to  be  ceded,  and  every  portion  thereof,  so  far  that  all  process,  civil 
or  criminal,  issuing  under  authority  of  this  State,  or  of  any  of  the 
courts  or  judicial  officers  thereof,  may  be  executed  by  the  proper 
officers  thereof,  upon  any  person  or  persons  amenable  to  the  same, 
within  the  limits  and  extent  of  land  or  lands  so  ceded,  in  like  manner 
and  to  like  effect  as  if  this  law  had  never  been  passed ;  saving,  how- 
ever, to  the  United  States  security  to  their  property  within  said  limits 
and  extent,  and  exemption  of  the^same,  and  of  said  land  or  lands  from 
any  taxation  under  the  authority  of  this  State  while  the  same  shall 
continue  to  be  owned,  held,  used  and  occupied  by  the  United  States 
for  the  purposes  above  expressed  and  intended,  and  not  otherwise." 
(Approved  July  24, 1845.  Kev.  Stats.  Florida,  1892,  p.  113.) 

GENERAL  ACT  AS  TO  SUBMERGED  LANDS. 

By  act  approved  December  27,  1856  (R.  S.  Fla.,  1892,  sec.  454),  the 
State  of  Florida  "  for  the  benefit  of  commerce  "  divested  itself — 
"  Of  all  right,  title  and  interest  to  all  lands  covered  by  water,  lying  in 
front  of  any  tract  of  land  OAvned  by  a  citizen  of  the  United  States,  or 
~by  the  United  States,  for  public  purposes,  lying  upon  any  navigable 
stream  or  bay  of  the  sea  or  harbor,  as  far  as  the  edge  of  the  chan- 
nel, and  hereby  vests  the  full  title  to  the  same  in  and  to  the  riparian 


FLORIDA.  45 

proprietors,  giving  them  the  full  right  and  privilege  to  build  wharves 
into  streams  or  waters  of  the  bay  or  harbor  as  far  as  may  be  necessary 
to  effect  the  purposes  described",  and  to  fill  up  from  the  shore,  bank 
or  beach  as  far  as  may  be  desired,  not  obstructing  the  channel,  but 
leaving  full  space  for  the  requirements  of  commerce,  and  upon  lands 
so  filled  in,  to  erect  warehouses  or  other  buildings ;  and  also  the  right 
to  prevent  encroachments  of  any  other  person  upon  all  such  sub- 
merged land  in  the  direction  of  their  lines  continued  to  the  channel, 
by  bill  in  chancery,  or  at  law,  and  to  have  and  maintain  action  of 
trespass  in  any  court  of.  competent  jurisdiction  in  the  State,  for  any 
interference  with  such  property,  also  confirming  to  the  riparian  pro- 
prietors all  improvements  which  have  heretofore  been  made  upon 
submerged  lands,  for  the  purposes  herein  mentioned." 

ANASTASIA    ISLAND    MILITARY    RESERVATION. 

This  reservation  is  situated  in  St.  John's  County  near  the  city  of 
St.  Augustine  and  contains  700  acres,  being  the  SE.  J  of  Sec.  21 ;  all 
of  frac.  Sec.  22;  the  NE.  i  of  the  NE.  J  of  Sec.  28,  and  all  of  Section 
27  in  township  7  South,  range  30  East,  and  also  all  the  lands  formed 
by  the  sea  since  the  United  States  Survey  of  1855  lying  east  of  said 
lands  and  between  the  north  boundary  line  prolonged  of  said  SE.  J 
of  Sec.  21  and  the  south  boundary  line  prolonged  of  Sec.  27.  It  was 
reserved  from  the  public  domain  by  Executive  Order,  dated  May  4, 
1893.  Jurisdiction  was  ceded  to  the  United  States  by  deed  of^the 
Governor  of  the  State,  dated  September  4,  1893,  recorded  in  the  office 
of  the  Secretary  of  State  of  the  State  of  Florida,  in  Mortgage  Book 
A,  pages  316  to  320  inclusive.  Deed  executed  under  authority  of 
General  Act  of  Cession. 

Easement:  Prior  to  the  reservation  of  Anastasia  Island  for  mili- 
tary purposes,  the  Secretary  of  the  Interior,  under  date  of  October 
11/1886,  granted  a  right  of  way,  200  feet  wide,  to  the  St.  Augustine 
and  South  Beach  Railway  Co.  Said  right  of  way  to  extend  from 
Lot  3,  Sec.  17,  T.  7  S.,  R.  30  E.,  to  Sec.  24,  T.  9  S.,  R.  30  E.,  excepting 
"  that  portion  within  the  limits  of  the  Light  House  Reservation," 
which  includes  Lots  1  and  2,  Sec.  21,  T.  7  S.,  R.  30  E. 

The  company  subsequently  amended  its  line  of  route  so  as  to  avoid 
the  light  house  reservation,  and  the  map  of  the  amended  definite  loca- 
tion was  approved  under  act  of  1875,  by  the  Secretary  of  the  Interior 
on  May  23,  1888. 

Revocable  License:  April  3,  1906,  to  Conrad  Decher  to  occupy  and 
use  certain  lands  for  terminal  purposes  and  right  of  way.  Property, 
etc.,  of  railway  transferred  to  St.  Johns  Electric  Light  and  Power 
Company. 

FORT    BARRANCAS. 

This  reservation  is  situated  on  the  north  side  of  Pensacola  Harbor, 
9  miles  southwest  of  Pensacola,  1  mile  from  Fort  Pickens  in  Escam- 
bia  County  and  contains  an  area  of  about  2,590  acres. 

The  title  is  as  follows :  By  article  2  of  the  Treaty  of  February  22, 
1819,  with  Spain,  by  which  that  nation  ceded  to  the  United  States 
the  territory  of  the  Flpridas  including  "  all  public  lots  and  squares, 
vacant  lands,  public  edifices,  fortifications,  barracks,  and  other  build- 
ings which  are  not  private  property,"  the  fort  at  Barrancas  and  its 


46  UNITED   STATES  MILITARY  RESERVATIONS,  ETC. 

dependencies  then  occupied  as  a  military  work  passed  to  the  United 
States,  this  nation  succeeding  to  the  rights  of  the  Crown.  By  act  of 
Congress  approved  April  22,  1826,  the  lands  fronting  Pensacola  Bay, 
from  the  mouth  of  the  Big  Bayou  to  a  line  below  Tartar  Point,  and 
thence  back  to  the  Bayou,  selected  by  the  Navy  Commissioners,  and 
all  the  lands  fronting  said  bay,  and  for  1  mile  back,  so  far  as  Grand 
Lagoon,  were  reserved  from  sale  or  location  for  the  use  of  the  Navy- 
Yard  or  depot  and  for  other  public  works  of  the  United  States  and 
by  Executive  Order,  dated  January  10,  1838,  were  reserved  for  naval 
purposes.  By  Executive  Order,  dated  May  11,  1844,  a  transfer  of 
1,667  acres,  lying  adjacent  to  and  at  Barrancas  and  running  north  to 
Bayou  Grande,  was  made  from  the  above  naval  reservation  to  the 
military  authorities,  and  this  tract  constituted  the  entire  military  res- 
ervation until  May  21,  1888,  wrhen  the  boundaries  were  enlarged  by  a 
transfer  of  another  portion  of  said  naval  reservation  by  an  Executive 
Order  of  that  date.  By  an  Executive  Order,  dated  October  2,  1891, 
the  boundaries  were  again  enlarged  by  a  modification  of  the  naval 
reservation,  transferring  to  the  military  reservation  sufficient  land  to 
form  the  present  area. 

Jurisdiction  was  ceded  to  the  United  States  by  deed  of  the  Governor 
of  the  State  dated  September  4,  1893,  recorded  in  the  office  of  the  Sec- 
retary of  State  of  the  State  of  Florida,  in  Mortgage  Book  A,  pages 
316  to  320,  under  the  provisions  of  an  act  of  the  State  Legislature 
approved  July  24,  1845.  (See  General  Act  of  Cession.) 

Easement:  By  Act  of  Congress,  approved  July  21,  1892,  a  right  of 
way  through  the  reservations  near  Pensacola  was  granted  to  the 
Mexican  Gulf,  Pacific  and  Puget  Sound  Kailroad  Company  (now 
the  Pensacola  Terminal  Company). 

Lease:  Lease  for  5  years,  from  January  15,  1907,  to  Mrs.  John 
Frazer,  of  Lot  1,  Sec.'l,  containing  34.50  acres,  and  Lot  2,  Sec.  3, 
containing  65  acres,  both  lots  in  T.  3  S.,  R.  31  W. 

Revocable  Licenses:  License,  August  27,  1888,  to  Treasury  Depart- 
ment to  occupy  portion  of  reservation  for  light-house  purposes. 

License,  May  4,  1893,  to  Pensacola  Terminal  Company  to  extend 
its  track  660  teet  on  the  reservation. 

License,  October  8,  1906,  to  Pensacola  Electric  Terminal  Railway 
Company  to  construct  and  maintain  loop  in  connection  with  its  rail- 
way on  reservation;  also,  license,  dated  March  13,  1907,  to  electrify 
and  use  Government  tracks  to  facilitate  delivery  of  freight  on  reser- 
vation. 

BARRANCAS    NATIONAL   CEMETERY. 

This  cemetery  contains  about  8.56  acres,  and  is  situated  on  the 
Naval  Reservation  near  Fort  Barrancas,  in  Escambia  County,  being 
a  part  of  the  public  domain  ceded  to  the  United  States  by  Spain 
under  the  provisions  of  the  Treaty  of  February  22,  1819. 

See  Fort  Barrancas  for  source  of  title  and  General  Act  of  Cession 
for  jurisdiction. 

BATTON  ISLAND. 

This  reservation  is  located  south  of  Fort  George's  Island,  north 
of  St.  John's  River,  and  the  land  westwardly  between  said  island  and 
the  inland  pass  from  St.  John's  to  the  St.  Mary's  River  for  the  entire 


FLORIDA.  47 

length  of  the  island.  Reservation  made  by  order  of  the  Secretary  of 
War,  dated  March  23,  1849,  under  authority  of  an  Act  of  Congress 
approved  June  28,  1832. 

For  jurisdiction  see  General  Act  of  Cession. 

CAYO  COSTA,  OR  BOCA  GRANDE  ISLAND. 

This  reservation  includes  the  north  end  of  the  Island  for  a  length 
of  2  miles  from  its  northern  extremity,  and  is  situated  at  the  entrance 
to  Charlotte  Harbor,  in  Lee  County.  As  a  part  of  the  public  domain 
it  was  reserved  for  military  purposes  by  Executive  Order,  dated  No- 
vember 17,  1882. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  License:  License,  July  5,  1892,  to  the  State  Board  of 
Health,  of  Florida,  to  erect  and  maintain  a  small  cottage  for  the  use 
of  inspecting  officer  and  boatmen  of  the  said  board,  near  the  shore  on 
the  northwest  end  of  reservation. 

License,  January  27,  1903,  to  the  Treasury  Department  to  use  a 
portion  of  the  reservation  on  La  Costa  Island  for  the  purposes  of  the 
Marine  Hospital  Service. 

Leases:  Lease,  five  years  from  July  1,  1909,  to  Peter  Nelson,  of  a 
portion  (about  30  acres)  of  this  reservation,  for  residential  and  fish- 
ing purposes. 

CEDAR  KEYS   (AND  FORT  HOWARD). 

This  reservation  contains  an  area  of  202.8  acres  and  formerly  in- 
cluded the  Islands  at  the  mouth  of  the  Suwanee  River  known  as 
North  Key,  Snake  Key  and  Sea  Horse  Key  in  Levy  County,  with  an 
area  aggregating  319.3  acres. 

The  title  is  as  follows:  Part  of  the  Public  Domain  reserved  by 
Executive  Order,  dated  March  2,  1840.  Sea  Horse  Key,  however, 
was  set  apart  by  the  President  for  light-house  purposes,  September  2, 
1851. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   CLINCH. 

Amelia  Island,  upon  the  north  end  of  which  the  above  fort  is 
situated,  is  a  large  island  lying  south  of  the  mouth  of  St.  Mary's 
River,  in  Nassau  County,  about  50  miles  north  of  St.  Augustine,  in 
Nassau  County.  The  Fort  Clinch  Military  Reservation  contained 
about  919.94  acres  under  title  as  follows:  Fractional  Section  No.  8, 
Township  3  North,  Range  29  East,  and  fractional  section  No.  11 
and  Lots  1  and  2  of  fractional  section  No.  14,  Township  3  North, 
Range  28  East,  reserved  from  the  Public  Domain  for  military  pur- 
poses by  Executive  Order,  dated  February  9,  1842.  Area  reserved 
420  acres. 

2.  Deed  from  George  R.  Fairbanks  and  wife,  dated  October  20, 
1849,  conveying  100  acres  more  or  less.     Recorded  in  the  Clerk's 
Office,  Nassau  County,  June  20, 1853,  in  Book  D,  pages  174  to  177. 

3.  Deed  from  George  R.  Fairbanks,  Commissioner,  etc.,  dated  July 
9, 1850,  under  Decrees  of  the  Nassau  Circuit  Court  May  Term,  1849 — 
conveying  400  acres.     Recorded  in  Book  D,  pages  162-174  of  same 


48  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

records.  By  Executive  Order,  dated  March  3,  1897,  a  portion  of 
Lots  1  and  2  of  Section  14,  Township  3  South,  Range  28  East  of 
Tallahassee  Meridian,  therein  described,  was  relinquished  to  Interior 
Department. 

Jurisdiction,  same  as  Fort  Barrancas. 

Revocable  Licenses:  License,  October  30, 1871,  to  the  Treasury  De- 
partment to  erect  two  range  beacon  lights  on  the  reservation. 

License,  January  27,  1893,  to  the  Treasury  Department  to  use  for 
the  purposes  of  the  Marine  Hospital  Service  a  square  five  hundred 
feet  to  either  side  of  the  quarantine  gangway  and  extending  back  on 
the  island  to  a  depth  of  one  thousand  feet. 

FORT  DADE. 

This  reservation  includes  the  whole  of  Egmont  Key,  with  the  ex- 
ception of  15  acres  at  the  north  end  reserved  for  light-house  pur- 
poses, and  contains  378  acres,  with  metes  and  bounds  as  announced 
in  G.  O.  90,  W.  D.,  May  14,  1906.  It  is  near  the  entrance  to  Tampa 
Bay,  in  Hillsboro  County.  It  was  reserved  from  the  public  domain 
for  military  purposes  by  Executive  Order,  dated  November  17,  1882. 

Jurisdiction  was  ceded,  in  accordance  with  paragraph  3,  of  the 
General  Act  of  Cession,  by  deed  from  the  Governor  of  the  State, 
June  28, 1904.  Deed  recorded  in  Deed  Book  A,  pages  45  to  48,  in  the 
office  of  the  Secretary  of  State  of  Florida. 

Revocable  Licenses:  License,  by  Department  Commander,  May  20, 
1901,  to  the  Tampa  Bay  Pilots  Association  to  maintain  a  small  wharf, 
a  pilot  look-out,  and  four  small  dwellings  upon  the  reservation. 

License,  dated  May  28,  1904,  to  the  Navy  Department,  for  the 
"  occupancy  and  use,  for  the  purposes  of  a  naval  coast  signal  station," 
of  about  five  acres  of  this  reservation,  with  permission  to  erect  a 
wooden  shelter-house  and  a  signal  mast. 

FORT   DE    SOTO. 

This  reservation  contains  613  acres.  It  includes  all  of  Mullet  Key 
except  about  271  acres  of  main  island,  which  tract  was  transferred  to 
the  Treasury  Department  for  quarantine  purposes  May  15,  1899. 
The  key  is  situated  near  the  entrance  to  Tampa  Bay,  and  is  in  Hills- 
boro County,  about  twenty-five  miles  from  Tampa.  It  was  reserved 
from  the  public  domain  for  military  purposes  by  Executive  Order, 
dated  November  17,  1882. 

Jurisdiction  was  ceded,  in  accordance  with  paragraph  3  of  the 
General  Act  of  Cession,  by  deed  from  the  Governor  of  the  state,  June 
28, 1904.  Deed  recorded  in  Deed  Book  A,  pages  45  to  48,  in  the  office 
of  the  Secretary  of  State  of  Florida. 

Revocable  License:  License,  October  15,  1903,  to  the  Palmetto  Ice 
and  Power  Company  to  construct  and  maintain  small  ice-house  on 
reservation. 

FLAG    ISLAND. 

This  is  a  small  island  at  St.  George's  Sound  (West  Pass)  situated 
southwest  of  the  Pass  or  entrance  to  the  Sound  in  Franklin  County, 
and  as  a  part  of  the  Public  Domain  was  reserved  for  military  pur- 
poses by  Executive  Order,  dated  November  17,  1882. 

For  jurisdiction  see  General  Act  of  Cession. 


FLORIDA.  49 

GASPARILLA    ISLAND. 

This  reservation  includes  the  south  end  of  the  island  for  a  length 
of  two  miles  from  its  southern  extremity  and  is  situated  at  the  en- 
trance to  Charlotte1  Harbor  in  De  Soto  County.  As  a  part  of  the 
public  domain  it  was  reserved  for  military  purposes  by  Executive 
Order,  dated  November  17,  1882. 

For  jurisdiction  see  General  Act  of  Cession. 

The  custody  of  a  portion  of  the  reservation  was  conditionally  trans- 
ferred to  the  Treasury  Department  for  light-house  purposes,  August 
22,  1902. 

Easement:  Approval  by  the  Secretary  of  War,  January  30,  1906, 
and  by  the  Secretary  of  Commerce  and  Labor,  February  1,  1906, 
under  act  of  June  13,  1902,  of  location  of  right  of  way  granted  to 
the  Alafia,  Manatee  and  Gulf  Coast  Railway  Company,  through  the 
military  and  light-house  reservations;  with  authority  to  occupy,  for 
general  traffic,  coaling  station,  and  for  terminal  facilities,  a  tract  of 
land,  at  a  yearly  rent  of  $500.  Amended  location  within  military 
reservation,  approved  April  25,  1906. 

Lease,  August  17,  1908,  amended  January,  1909,  of  small  tract  on 
Charlotte  Harbor  to  Charlotte  Harbor  and  Northern  Railway. 

Lease,  August  1,  1909,  of  lands,  except  those  covered  by  above  ease- 
ment and  lease,  to  Boca  Grande  Land  Company. 

KEY   WEST   BARRACKS. 

This  reservation  contains  an  area  of  22.79  acres,  and  is  situated  on 
the  Island  of  Key  West,  in  Monroe  County.  The  title  to  lands 
derived  as  follows:  By  purchase  under  authority  of  act  of  Congress 
approved  March  2,  1833  and  evidenced  by— 

1.  Deed  from  Mary  R.  Fleeming  et  al.,  dated  December  14,  1833, 
conveying  14.79  acres.     Recorded  in  Liber  B,  folios  47  to  50,  of  the 
Deed  records  of  Monroe*  County. 

2.  Deed  from  Pardon  C.  Greene,  dated  May  4,  1835,  conveying  lots 
therein  described.     Recorded  in  Book  B,  page  183,  of  same  records. 

3.  Deed  from  James  Webb  and  wife,  dated  June  1,  1837,  conveying 
about   8  acres.     Recorded  in  Book  B,  pages  396  to  398-  of  same 
records. 

See,  also,  General  Act  as  to  Submerged  Lands,  supra. 

Consent  to  purchase  and  jurisdiction  ceded  by  an  Act  of  the  State 
Legislature  approved  July  8,  1845,  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and 
they  are  hereby  authorized  and  empowered  to  purchase,  hold,  occupy 
and  possess  the  tract  of  land  in  the  preamble  above  referred  to  (a 
tract  of  land  consisting  of  several  parcels,  situated  on  the  Island  of 
Key  West  in  Monroe  County,  between  Light-House  Point  and  the 
City  of  Key  West)  as  the  same,  or  the  extent  and  limits  thereof  shall 
be  ascertained,  described  and  conveyed  in  the  instrument  or  instru- 
ments, which  shall  be  executed  for  the  conveyance  of  the  same  in  pur- 
suance of  said  negotiations.  And  the  United  States  may  and  shall 
have  and  exercise  exclusive  jurisdiction  over  said  tract  of  land  within 
the  extent  and  limits  to  be  ascertained  and  described  as  aforesaid,  as 
well  as  over  any  land  or  site  that  may  be  formed  or  constructed  in  the 
16809—10 4 


50  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

contiguous  sea,  and  used  and  occupied  by  the  United  States  for  said 
purposes  (of  erecting  and  constructing  on  said  land  certain  fortifica- 
tions and  the  improvements  connected  therewith)  in  connection  with 
the  tract  above  mentioned,  so  long  as  they  shall  deem  it  proper  to  hold 
and  occupy  the  same  for  the  purposes  aforesaid:  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to  prevent  or  debar 
the  proper  officers  of  the  State  of  Florida  from  executing  any  process, 
civil  or  criminal,  within  the  limits  and  extent  of  said  land  or  lands 
when  ascertained,  described,  and  occupied  as  aforesaid." 

This  act  was  afterwards  enlarged  by  the  Act  approved  July  24, 
1845,  for  which  see  General  Act  of  Cession.  Jurisdiction  also  ceded 
by  Governor's  deed  of  January  29,  1896. 

Easement:  Under  deed  of  conveyance,  dated  December  14,  1833, 
the  heirs  of  the  grantors  have  a  right  of  way  sufficiently  wide  for 
two  carts  abreast  along  the  beach  on  the  north  front  of  the  garrison. 

Revocable  Licenses:  License,  February  12,  1885,  to  International 
Ocean  Telegraph  Company  to  construct  cable  hut  on  the  reservation. 

License,  May  25,  1906,  to  the  Southern  Bell  Telephone  Company 
for  telephone  system  on  reservation. 

KEY  WEST  CEMETERY. 

This  burial  lot  contains  about  one-third  of  an  acre  and  is  situated 
in  Tract  No.  7,  Island  of  Key  West.  The  title  is  derived  by  deed 
from  Euphemia  Maloney  to  the  United  States,  dated  February  25, 
1897,  recorded  in  Book  R  R  deeds,  pages  94  and  95,  of  the  records  of 
Monroe  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   McREE. 

This  reservation  contains  an  estimated  area  of  about  400  acres  and 
is  situated  at  the  entrance  to  Pensacola  Bay  and  embraces  so  much  of 
the  public  land  as  lies  within  1  mile  of  the  fort  (necessary  land  for 
two  beacon  lights  and  keeper's  dwelling  excepted)  which  has  been 
erected  on  Foster's  Bank,  wilich  is  nearly  opposite  to,  and  west  of  the 
west  end  of  Santa  Rosa  Island. 

The  title  is  as  follows:  As  part  of  the  public  domain  it  was  re- 
served for  military  purposes  by  Executive  Order,  dated  February  9, 
1842. 

Jurisdiction  same  as  Fort  Barrancas. 

FORT   MARION. 

Fort  Marion  is  an  old  Spanish  work  said  to  have  been  commenced 
in  1565  and  completed  in  1756  under  the  name  of  Castle  of  St.  Mark. 
Its  name  was  changed  to  its  present  designation  January  7,  1825. 
The  fort  and  adjacent  lands  contain  an  area  of  22  acres,  1  rood,  and 
about  28  rods,  and  are  situated  at  St.  Augustine. 

The  title  as  well  as  jurisdiction  acquired  under  the  Treaty  with 
Spain  of  February  22,  1819,  but  was  formally  set  apart  by  the  Presi- 
dent as  published  in  an  order  of  the  Secretary  of  War  of  March  23, 
1849.  Upon  the  admission  of  Florida,  jurisdiction  not  having  been 
reserved,  "  exclusive  jurisdiction  "  was  ceded  by  Governor's  deed  of 
September  4,  1893,  under  Act  of  the  State  Legislature  approved  July 
24,  1845.  See  Fort  Barrancas. 


FLORIDA.  51 

The  property  known  as  "  The  Lines  "  was  conveyed  to  The  Board  of 
Public  Instruction  of  the  County  of  St.  Johns,  March  12,  1908,  under 
Act  of  February  21,  1907;  and  Congress  by  Act  of  March  3,  1909, 
has  authorized  the  conveyance  to  owners  of  premises  which  encroach 
upon  the  reservation  of  the  ground  covered  by  their  encroachments. 

Easements:  Right  of  way  to  St.  Johns  Light  and  Power  Company 
approved  January  8,  1908,  under  Act  of  March  2,  1907. 

Lease  to  W.  M.  Bostwick,  for  three  years,  from  August  15,  1908, 
of  frame  house  and  ground  in  southwest  corner  of  reservation. 

Revocable  Licenses:  License,  December  17,  1884,  to  the  Interna- 
tional Ocean  Telegraph  Company  to  erect  poles  and  maintain  a  wire 
along  the  reservation. 

License,  October  6,  1885,  to  the  Jacksonville,  St.  Augustine  and 
Halifax  River  Railway  Company  to  build  a  bridge  across  the  moat. 

License,  January  15,  1886,  to  the  St.  Augustine  Gas  and  Electric 
Light  Company  to  lay  a  gas  pipe  line  on  and  through  Orange  Street 
and  the  city  gates  on  the  reservation. 

License,  July  18,  1889,  to  E.  F.  Joyce  to  lay  a  water  main  or  pipe 
line  across  the  reservation,  from  the  north  end  of  Charlotte  Street  to 
the  north  end  of  St.  George  Street  at  the  city  gates. 

License,  February  7,  1890,  to  J.  N.  Stuart  and  other  citizens  of  St. 
Augustine  to  construct  a  sewer  across  the  south  end  of  the  reservation 
in  a  southerly  direction  to  Charlotte  Street. 

License,  February  27,  1896,  to  Frank  B.  Genovar  to  occupy  a  parcel 
of  land  on  the  reservation. 

License,  February  27,  1896,  to  Mrs.  Frank  A.  De  Medices  to  occupy 
a  parcel  of  land  on  the  reservation. 

License,  February  27,  1896,  to  E.  C.  Allen  to  occupy  a  parcel  of 
land  on  the  reservation. 

License,  May  13,  1901,  to  J.  J.  Krom  to  lay  a  sewer  pipe  from  his 
house  on  the  corner  of  Charlotte  Street,  on  the  south  boundary  of  the 
reservation,  across  the  reservation  and  through  the  sea-wall. 

License,  May  8, 1902,  to  Saint  Augustine  Golf  Club  to  use  the  "  fort 
green  "  for  golfing  purposes.  Modified  April  28,  1905. 

License  dated  October  19,  1904,  to  J.  J.  Krom,  assignee  of  Frank 
B.  Genovar,  to  continue  the  privilege  granted  to  Genovar  by  license 
dated  February  27,  1896. 

License  dated  September  25,  1905,  to  the  St.  Augustine  Gas  and 
Electric  Light  Company  to  erect  poles  and  wires  on  certain  streets, 
including  the  street  in  front  of  Fort  Marion. 

License,  January  8,  1908,  to  city  of  Saint  Augustine  to  occupy  for 
street  purposes  ground  between  tracks  of  St.  Johns  Light  Company 
and  fence,  except  as  stated  therein. 

MARTELLO  TOWER  NO.    1.  • 

(Site  of). 

This  reservation  contains  18  acres  and  is  situated  on  the  southern 
coast  of  the  Island  of  Key  West.  It  is  the  site  of  a  tower  or  fort 
erected  during  the  civil  war.  The  title  is  as  follows : 

Deed  from  Eduardo  H.  Gato  and  wife,  dated  March  14,  1898. 
Recorded  in  Book  R.  R.,  pages  342  and  343,  of  the  records  of  Monroe 
County. 


52  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Deed  from  Eduardo  H.  Gato,  dated  January  16,  1906,  to  correct 
error  in  description.  Recorded  in  Book  "W,"  pages  458  and  459,  of 
same  records. 

Jurisdiction  was  ceded  by  deed  from  the  Governor  dated  July  23, 
1898,  under  authority  of  Title  II,  Chap.  I,  sec.  9  of  the  Revised 
Statutes  of  Florida,  1892. 

See  also  General  Act  of  Cession. 

MARTELLO    TOWER,    NO.    2. 

(Site  of). 

Situated  on  southerly  side  of  the  Island  of  Key  West.  For  area 
see  description  in  deed. 

Title  was  acquired  by  purchase  authorized  by  the  Secretary  of  War 
January  23,  1897,  and  is  evidenced  by  a  deed  from  Frank  Livermore 
et  al.,  dated  April  28,  1897.  Recorded  in  Book  S  of  Deeds,  pages 
526  to  529,  of  the  records  of  Monroe  County. 

Jurisdiction  was  ceded  by  deed  from  the  Governor  dated  Septem- 
ber 30,  1897,  under  authority  of  Title  II,  Chap.  I,  sec.  9  of  the  Re- 
vised Statutes  of  Florida,  1892. 

See  also  General  Act  of  Cession. 

MILITIA    TARGET   RANGE. 

This  range  is  situated  at  Black  Point  on  the  St.  Johns  River,  about 
6  miles  south  of  Jacksonville,  in  Duval  County,  and  comprises,  in  the 
aggregate,  about  582  acres.  The  title  is  as  follows : 

1.  Deed  from  Joseph  H.  Phillips,  unmarried,  dated  August  10, 1907, 
conveying  a  tract  of  400  acres,  excepting  therefrom  11  acres.     Re- 
corded in  Book  44,  page  616,  of  the  Deed  Records  of  Duval  County. 

2.  Deed  from  Joseph  H.  Phillips,  unmarried,  dated  September  11, 
1908,  conveying  a  tract  of  85  acres,  adjoining  the  above  tract  on  the 
northeast,  and  a  tract  of  108J  acres,  adjoining  the  same  on  the  west. 
Recorded  in  Book  52,  page  340,  of  same  records. 

MORENO  POINT  RESERVATION. 

This  reservation  is  situated  at  the  entrance  of  Santa  Rosa  Sound, 
and  comprises  so  much  of  the  point  opposite  to,  and  East  of  the  East 
end  of  Santa  Rosa  Island  as  lies  in  Township  2  South,  Range  22 
West,  Washington  County ;  estimated  area,  5,958.20  acres. 

The  title  is  as  follows:  As  part  of  the  public  domain  it  was  re- 
served for  military  purposes  by  Executive  Order  dated  February  9, 
1842. 

For  jurisdiction  see  General  Act  of  Cession. 

Leases:  16  leases,  covering  occupancy  of  certain  lots  for  residential 
purposes,  for  5  years  from  September  1,  1909. 


FLORIDA.  53 

PENSACOLA    MILITARY    RESERVATION. 

The  above  reservation  contains  269.39  acres  and  is  near  Pensacola 
in  Escambia  County,  being  Lot  2  of  Section  4,  and  Lots  1  and  2  of 
Section  9,  in  Township  3  South,  Range  29  West,  and  fractional  sec- 
tion 1,  of  Township  3  South,  Range  30  West.  Reserved  from  the 
public  domain  for  the  future  military  and  naval  defence  of  Pensa- 
cola Harbor,  Florida,  by  Executive  Order,  dated  August  21,  1897. 

For  jurisdiction  see  General  Act  of  Cession. 

Easement:  Joint  Resolution  of  Congress,  approved  January  30, 
1871,  granted  to  the  Pensacola  and  Barrancas  Railroad  Company 
the  right  to  construct  its  road  upon  and  through  the  reservation. 

PERDIDO    BAY. 

i 

(East  side  of  entrance  to) 

This  reservation,  situated  west  of  Pensacola,  contains  109.9  acres. 

A  part  of  the  public  domain  ceded  by  Spain,  it  was  set  apart  and 
declared  a  military  reservation  by  Executive  Order,  dated  February 
9,  1842. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   PICKENS. 

This  reservation  embraces  the  whole  of  Santa  Rosa  Island,  except 
the  Marine  Hospital  tract,  and  is  unsurveyed.  It  is  situated  off  the 
southern  end  of  Santa  Rosa  County  extending  along  the  coast  the  full 
width  of  said  county.  Fort  Pickens  on  the  western  point  is  1  mile 
from  Fort  Barrancas. 

Title  to  the  Island  was  acquired  as  follows : 

Deed  from  Joseph  M.  White,  Attorney  in  fact  of  Henry  Michelet, 
dated  May  28,  1828,  conveying  approximately  1,181  acres  on  the  west 
end  of  Santa  Rosa  Island^  Recorded  in  Deed  Book  No.  2  pages  350 
and  351,  Santa  Rosa  County  Records.  (Report  on  Title  shows  that 
the  Spaniards  always  maintained  a  battery  at  Fort  Arriunado,  on  the 
western  side  of  the  island  opposite  Fort  Barrancas,  for  the  defense  of 
the  entrance  to  Pensacola  Bay.  The  United  States  therefore  suc- 
ceeded Spain  under  the  Treaty  "of  1819.) 

The  Island  was  reserved  for  naval  purposes  by  Executive  Order, 
dated  April  21,  1838.  The  west  end  of  Island  transferred  to  Wai- 
Department,  by  Executive  Order  dated  May  21,  1888.  The  reserva- 
tion modified  and  extended  to  include  the  whole  of  said  Santa  Rosa 
Island  by  Executive  Order,  dated  July  2,  1888. 

On  January  27,  1903,  a  strip  of  land  the  full  width  of  Santa  Rosa 
Island  and  extending  one  half  mile  east  and  one  half  mile  west  from 
the  hospital  located  at  the  quarantine  station  on  said  island,  was 
transferred  to  the  Treasury  Department  for  the  use  of  the  Marine 
Hospital  Service. 

Jurisdiction,  same  as  Fort  Barrancas. 

Revocable  Licenses:  License,  March  3,  1884,  to  the  Treasury  De- 
partment to  occupy  a  strip  of  land  for  the  use  of  a  life-saving  station ; 
and  license,  June  27,  1908,  to  Robert  Broadbend,  keeper,  to  build  cot- 
tages outside  of  station  lot  to  house  families  of  crew. 


54  UNITED   STATES  MILITARY  RESERVATIONS,  ETC. 

License,  September  22,  1888,  to  M.  C.  Snyder  to  reside  on  the 
reservation. 

License,  March  10,  1897,  to  W.  A.  Watson  to  erect  a  set  of  ways  on 
the  reservation. 

License,  February  14,  1898,  to  Aniello  di  Lustro  to  erect  and  main- 
tain a  temporary  boarding  house  on  the  reservation. 

License,  October  10,  1901,  to  Charles  Burton  to  build  and  maintain 
a  public  bath  establishment  on  the  reservation. 

License,  January  12, 1904,  to  H.  H.  Lewis,  et  al.,  to  build  a  wharf 
and  erect  a  pavilion  on  the  reservation. 

License,  September  29,  1908,  to  H.  H.  Thornton  for  pavilion. 

ST.  ANDREW'S  BAY. 

This  reservation,  including  Hurricane  Island,  is  situated  near  the 
entrance  to  St.  Andrew's  Bay  in  Washington  County. 

The  lands  are  more  particularly  described  as  lots  1  and  2  of  Section 
4,  lots  1,  2,  3  and  4  of  Section  5 ;  lots  1  and  2  of  Section  6,  and  frac- 
tional sections  8  and  9  of  Township  5  South,  Range  14  West,  includ- 
ing Hurricane  Island.  Also,  lots  2  and  3  of  Section  15 ;  lots  1,  2,  3, 
4  and  5  of  Section  22;  lots  1,  2,  3  and  4  of  Section  23;  lot  2  of 
Section  25;  lots  1,  2  and  3  of  Section  26,  and  fractional  sections  27 
and  35  in  Township  4  South,  Range  15  West. 

The  area  of  surveyed  land  is  1,503.84  acres  and  of  Hurricane 
Island  unsurveyed,  about  100  acres. 

Reserved  from  the  Public  Domain  by  Executive  Order,  dated  May 
3,  1897. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  Lease:  Five  years  from  June  1,  1909,  to  W.  F.  Look,  at 
$110  per  annum. 

ST.  AUGUSTINE   NATIONAL  CEMETERY. 

This  was  the  old  post  cemetery  at  St.  Augustine.  It  was  announced 
as  a  national  cemetery  of  the  fourth  class  in  G.  O.  86,  A.  G.  O., 
December  7,  1881. 


This  reservation  contains  117.7  acres,  and  is  situated  near  Mayport, 
in  Duval  County. 

The  title  is  as  follows: 

1.  Decree  of  Condemnation  for  the  above  tract  in  a  cause  entitled 
"  In  Re  Condemnation  of  St.  John's  Bluff,"  in  the  Circuit  Court  of 
the  United   States,   for  the  Southern  District  of  Florida.     Decree 
rendered  April  25,  1901,  and  filed  in  the  Clerk's  Office  of  said  Court. 

2.  Deed  from  John  F.  Horr,  United  States  Marshal  for  the  South- 
ern District  of  Florida,  dated  April  10,  1902,  conveying  the  above 
tract.     Recorded  in   Book   10,  page  712,  of  the  records  of  Duval 
County. 

Jurisdiction  was  ceded,  in  accordance  with  paragraph  3  of  the 
General  Act  of  Cession,  by  deed  from  the  Governor  of  the  State, 
June  25,  1904.  Deed  recorded  in  Deed  Book  A,  pages  27  to  29,  in 
the  office  of  the  Secretary  of  the  State  of  Florida. 


FLORIDA.  55 


This  reservation  includes  the  whole  neck  or  peninsula  forming  the 
Bay  of  St.  Joseph  from  its  northern  extremity  or  Point  St.  Joseph  to 
its  connection  with  the  mainland  at  the  eastern  shore  of  the  Bay 
including  Cape  San  Bias. 

Title  is  as  follows :  Reserved  for  military  purposes  under  the  pro- 
visions of  an  Act  of  Congress  approved  June  28,  1832,  by  order  of 
the  Secretary  of  War,  dated  March  23,  1849. 

For  jurisdiction  see  General  Act  of  Cession. 

TWO  ISLANDS   NEAR  ST.  AUGUSTINE. 

These  are  small  Islands  in  the  main  channel  of  the  Mantanzas 
River  near  St.  Augustine  and  contain  an  area  aggregating  about  2 
acres.  The  title  is  as  follows:  As  part  of  the  public  domain  they 
were  reserved  for  military  purposes  by  Executive  Order  dated  May 
31,  1892. 

Jurisdiction,  same  as  Fort  Barrancas. 

ST.  FRANCIS  BARRACKS. 

This  reservation,  comprising  the  barracks  lot,  the  military  hospital 
lot,  the  powder  house  lot,  and  the  "  Hedrick  lot "  or  "  powder  mag- 
azine lot,"  contains  about  20  acres,  and  is  situated  in  the  city  of  St. 
Augustine.  Title  is  as  follows: 

1.  Part  of  the  premises  was  reserved  under  act  of  Congress,  June 
28,  1832,  by  orders  of  the  Secretary  of  War  in  letters  dated  October 
12,  1839,  and  March  23,  1849.     See  G.  O.  No.  58,  A.  G.  O.,  1893,  for 
Executive  Order  publishing  and  defining  the  boundaries  of  the  res- 
ervation as  it  then  existed,  excepting  the  powder  house  lot. 

2.  A  parcel  of  land,  designated  as  the  "  Hedrick  lot,"  or  "  powder 
magazine  lot,"  was  conveyed  to  the  United  States,  in  exchange  for 
the  "  custom-house  lot,"  by  the  following  deed : 

Deed  from  Charles  F.  Hamblen  and  wife,  dated  February  10,  1902, 
conveying  the  Hedrick  or  powder  magazine  lot.  Recorded  in  Book 
2,  page  462,  of  the  records  of  St.  John's  County. 

Exclusive  jurisdiction  was  ceded  by  the  Governor,  September  4, 
1893,  and  over  the  Hedrick  tract,  June  14,  1902.  See  also  General 
Act  of  Cession. 

Lease,  August  15,  1907,  to  State  of  Florida,  of  the  Hospital  and 
Barracks  lots,  excepting  the  cemetery,  for  five  years. 

Revocable  licenses:  License,  October  28,  1889,  to  the  St.  Augustine 
and  South  Beach  Railway  Company  to  maintain  as  previously  located 
a  wharf  for  the  landing  of  steamers. 

License,  January  30,  1890,  to  the  city  of  St.  Augustine  to  fill  up  to 
the  grade  of  the  street  the  two  basins  at  or  near  the  intersection  of 
Saint  Francis  and  King  Streets  with  the  city  wall. 

License,  April  25,  1895,  to  the  St.  Augustine  Yacht  Club  to  rebuild 
its  club-house  on  a  parcel  of  United  States  land  east  of  the  sea-wall. 

License,  September  14,  1895,  to  J.  W.  Estes  to  occupy  a  parcel  of 
United  States  land  east  of  the  sea  wall  and  to  erect  thereon  a  wharf 
and  building. 


56  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

License,  August  7,  1903,  to  J.  W.  Estes  to  repair  his  wharf  and 
yacht  house. 

License,  September  11, 1903,  to  Daniel  Allen  to  construct  and  main- 
tain a  wharf  in  front  of  the  sea  wall. 

Lease  dated  December  8,  1905,  of  powder  house  lot,  to  Joseph  Lynn, 
for  pasturage  purposes. 

FORT   TAYLOR. 

This  reservation  is  situated  at  the  southwestern  extremity  of  the 
city  of  Key  West,  and  contains  an  area  of  about  72.21  acres.  The 
title  is  as  follows: 

1.  Deed  from  John  Barcroft,  Trustee,  et  al.,  dated  October  15, 
1845,  conveying  11.89  acres.     Recorded  in  Deed  Book  D,  pages  86  to 
88,  of  the  records  of  Monroe  County. 

2.  Deed  from  William  C.  Greene  and  Elizabeth  M.  Greene,  dated 
December  23,  1845,  conveying  29  acres.     Recorded  in  Deed  Book  D, 
pages  104  to  106,  of  same  records. 

3.  Deed  from  Hetty  Greene,  dated  January  6,   1846,  quitclaims 
interest  in  the  29  acres.     Recorded  in  Book  D,  page  107,  of  same 
records. 

4.  Deed  from  John  W.  Simonton,  dated  February  17,  1846,  con- 
veying 22  acres.     Recorded  in  Deed  Book  D,  pages  131,  132  and  133, 
of  same  records. 

5.  Title  to  lots,  streets,  etc.,  aggregating  9.32  acres,  acquired  as 
follows : 

(a)  Deed  from  U.  S.  Marshal,  dated  July  31, 1909,  under  decree  of 
U.  S.  Circuit  Court  of  July  14,  1908,  conveying  to  the  United  States 
Lots  17  to  19,  and  29  to  32,  of  square  3 ;  lots  5  and  6  of  square  4 ;  lots 
11  to  20  of  square  9 ;  lot  1,  and  part  of  lot  2,  and  lots  12  to  24  of  square 
10;  all  in  tract  10;  and  that  part  of  tract  15  lying  south  of  United 
Street,   and   between   Fort   and   Whitehead   Streets,   in   Key  West, 
Florida.     Deed  recorded  in  Book  X,  pages  514  to  530,  inclusive ;  and 
in  the  Office  of  the  Clerk  of  the  Circuit  Court  in  Monroe  County, 
Florida. 

(b)  Lots  7  and  8,  square  4,  and  lots  13, 14,  15,  22,  23,  and  24,  square 
11,  understood  to  have  been  acquired,  but  title  papers  thereto  have 
not  been  received. 

(c)  Act  of  the  State  Legislature,  approved  June  8,  1909,  vacating 
streets  within  tract  acquired  under  No.  5,  supra. 

Jurisdiction  was  ceded  by  the  Acts  of  the  State  Legislature  ap- 
proved July  8  and  July  24,  1845,  for  which  see  Key  West  Barracks 
for  the  former  and  General  Act  of  Cession  for  the  latter  act. 

Lease,  to  S.  B.  Tuell,  of  "  Quarters  No.  5,"  for  one  year  from  July 
1,  1909. 

Revocable  Licenses:  License,  December  16,  1891,  to  the  Key  West 
Gas  and  Electric  Light  Company  to  construct  a  ditch  from  the  pond 
on  the  reservation  to  the  boundary  thereof. 

License,  July  16,  1898,  to  the  Key  West  Gas  and  Electric  Light 
Company  to  lay  and  maintain  an  underground  pipe  from  its  plant  to 
the  sea  across  the  reservation. 

VIRGINIA  KEY. 

This  reservation  is  situated  between  Norris  Cut  and  Bear  Cut  in 
Biscayne  Bay  in  Dade  County.  It  includes  all  the  lands  unsurveyed 


GEORGIA.  57 

that  lie  in  Sections  17  and  20,  in  Township  54  South,  Range  42  East, 
of  Principal  Meridian. 

Title  is  as  follows:  Part  of  the  Public  Domain  reserved  for  mili- 
tary purposes  by  Executive  Order,  dated  February  11,  1897.  Juris- 
diction was  ceded  by  an  act  of  the  State  Legislature  approved  July 
24,  1845.  See  General  Act  of  Cession. 

GEORGIA. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Georgia  that  from  and  immediately  after  the  passing  of  this  act,  the 
Congress  of  the  United  States  shall  have  and  maintain  jurisdiction  in 
and  over  all  the  lands  they  have  purchased  or  which  have  been  ceded 
or  otherwise  acquired  by  them,  or  hereafter  may  be  acquired,  for  the 
purpose  of  erecting  forts  or  fortifications  in  this  State:  Provided,  the 
said  United  States  do  or  shall  cause  forts  or  fortifications  to  be  erected 
thereon."  (Approved  December  22,  1808.) 

NOTE.— In  opinions  dated  September  26,  1900,  and  May  8,  1908, 
the  Attorney  General  held  that  this  act,  although  not  embodied  in 
any  of  the  codes,  has  not  been  expressly  repealed  and  is  still  in  force 
and  that  under  it  the  United  States  acquired  exclusive  jurisdiction 
over  the  Military  Reservation  of  Fort  Screven,  Georgia. 

ANDERSONVILLE    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  120  acres  and  is  situated  about  1 
mile  from  Andersonville,  in  Sumter  County.  Title  was  acquired  as 
follows :  Taken  possession  of  about  May  10,  1865 ;  possession  retained 
for  National  Cemetery  purposes  and  land  appraised,  paid  for  and 
title  confirmed  in  the  United  States  under  the  provisions  of  "An  act 
to  establish  and  protect  National  Cemeteries,"  approved  February  22, 
1867. 

Deed  from  Benjamin  B.  Dykes  and  wife,  dated  February  9,  1875, 
recorded  in  Clerk's  Office  of  Superior  Court  in  Deed  Book  Q,  of  the 
deed  records  of  Sumter  County. 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature  approved 
October  25,  1870,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  legislature 
of  the  State  of  Georgia  is  hereby  granted  to  the  acquisition,  by  the 
United  States,  by  purchase  or  otherwise,  of  all  that  tract  or  portion 
of  land  lying  and  being  in  the  sixteenth  district  and  second  section  of 
Cobb  County,  containing  twenty  and  one  one-hundredth  (20  and  T£¥) 
acres,  one  part  being  the  south  side  of  lot  1216,  the  other  part  being 
north  parts  of  lot  No.  1233  *  *  *  and  also,  the  additional  tractor 
parcel  of  land  containing  four  and  eleven  one-hundredths  (4  and  TW) 
acres  *  *  *  on  which  said  tract  or  parcel  of  land  is  located  the 
National  Cemetery  at  Marietta,  in  the  county  of  Cobb,  and  State 
aforesaid;  and  also  all  that  tract  or  parcel  of  land  known  and  dis- 
tinguished as  lot  number  one  hundred  and  eighty-one  (181)  in  the 
twenty-ninth  district  of  Sumter  County,  State  aforesaid,  containing 


58  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

two  hundred  and  two  and  a  half  (202|)  acres,  more  or  less,  and  on 
which  is  located  the  National  Cemetery  at  Andersonville,  in  said 
county  and  State,  and  that  the  jurisdiction  over  said  tracts  or  parcels 
of  land  is  hereby  ceded  to  the  United  States:  Provided,  however, 
That  nothing  herein  contained  shall  extend,  or  be  construed  to  extend, 
so  as  to  impede  or  prevent  the  execution  of  any  process,  civil  or 
criminal,  under  the  authority  of  this  State." 

License,  December  12,  1907,  to  George  Grouse  Post,  No.  IT,  Grand 
Army,  for  building  outside  of  cemetery  wall. 

AUGUSTA  ARSENAL. 

This  reservation  lies  near  the  city  of  Augusta  in  Richmond  County 
and  contains  an  area  of  about  TO  acres.  The  title  is  as  follows : 

Deed  from  Freeman  Walker,  dated  November  9,  1826,  conveying  TO 
acres,  recorded  in  Deed  Book  T,  folios  152  and  153,  of  the  deed  records 
of  Richmond  County. 

For  consent  to  the  purchase  and  jurisdiction  see  act  of  the  State 
Legislature  approved  December  26,  1826,  which  provides  as  follows: 

"  Be  it  enacted,  etc.,  That  the  consent  of  the  legislature  of  the  State 
of  Georgia  is  hereby  granted  to  a  purchase  which  the  United  States 
have  lately  made  from  Freeman  Walker,  of  a  certain  tract  of  land 
situated  in  the  County  of  Richmond,  about  three  miles  above  the  City 
of  Augusta,  containing  seventy  acres,  for  a  site  for  an  arsenal  and 
military  establishment,  and  that  the  jurisdiction  over  said 

tract  is  hereby  ceded  to  the  United  States :  Provided,  however,  That 
nothing  herein  contained  shall  extend,  or  be  construed  to  extend,  so 
as  to  impede  or  prevent  the  execution  of  any  process,  civil  or  criminal, 
under  the  authority  of  this  State." 

Revocable  License:  License,  February  4,'  1890,  to  the  Village  of 
Summerville  to  use  a  certain  portion  of  the  reservation  for  a  public 
street. 

CHICKAMAUGA  AND   CHATTANOOGA   NATIONAL,  PARK. 

The  park  proper  contains  an  area  of  5,668  acres,  more  or  less,  and 
is  situated  in  the  counties  of  Walker  and  Catoosa,  in  the  State  of 
Georgia.  Included  in  the  Park  reservation,  but  outside  of  the  park 
proper,  are  the  following,  situated  in  Hamilton  County,  in  the  State 
of  Tennessee,  viz :  Lookout  Mountain,  82  acres ;  Orchard  Knob,  T.04 
acres;  Bragg's  Headquarters,  2.50  acres;  De  Long  place,  5.25  acres, 
and  Trueblood's,  50.00  acres.  The  lands  were  acquired  for  the  estab- 
lishment of  the  Park  under  the  provisions  of  an  Act  of  Congress 
approved  August  19,  1890.  (For  additional  Park  legislation  see 
Acts  of  Congress  approved,  March  3,  1891;  August  5,  1892;  March 
3,  1893;  October  2,  1893;  August  18,  1894;  December  15,  1894; 
March  2,  1895;  June  11,  1896;  February  26,  1896;  May  15,  1896; 
March  3,  189T,  and  June  5,  189T.)  The  title  to  said  several  tracts  is 
as  follows: 

GEORGIA — 

1.  Decree  of  condemnation  for  part  of  lot  No.  118,  in  Ninth  Dis- 
trict, Fourth  section,  of  Walker  County,  Ga.,  containing  141.3  acres, 
in  case  No.  15T,  The  United  States  v.  Stephens  E.  Kinsey,  in  the  Cir- 


GEORGIA.  59 

cuit  Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  December  17,  1891,  and  filed  in  the  Clerk's  Office 
December  17,  1891. 

2.  Decree  of  condemnation  for  part  of  Lot  118,  in  same  District, 
Section,  County  and  State,  containing  16  acres,  in  case  158,  The 
United  States  v.  Mary  L.  Cline,  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  De- 
cember 17,  1891,  and  filed  in  the  Clerk's  Office  December  17,  1891. 

3.  Decree  of  condemnation  for  part  of  Lot  119,  in  same  District, 
Section,  County  and  State,  containing  23.54  acres,  in  case  150,  The 
United  States  v.  John  W.  Mullis,  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  De- 
cember 17,  1891,  and  filed  in  the  Clerk's  Office  December  17,  1891. 
See  also  Decree  in  same  cause  correcting  mistake  in  name  rendered 
March  30,  1892,  in  same  office. 

4.  Decree  of  condemnation  for  part  of  Lot  119,  in  same  District, 
Section,  County  and  State,  containing  132  acres;  also  part  of  Lot  120 
in  Ninth  District,  Fourth  Section,  of  Catoosa  County,  containing  9.02 
acres,  in  case  No.  159,  The  United  States  v.  George  W.  Mullis,  in  the 
Circuit  Court  of  the  United  States  for  the  Northern  District  of 
Georgia.    Decree  rendered  December  17,  1891,  and  filed  in  the  Clerk's 
Office  December  17,  1891. 

5.  Decree  of  condemnation  for  part  of  Lot  119,  in  Ninth  District, 
of  Fourth  Section,  Walker  County,  containing  9.21  acres;  also  part 
of  Lot  120  in  said  District  and  Section  of  Catoosa  County,  Ga.,  con- 
taining 151  acres,  in  case  No.  152,  The  United  States  v.  George  W. 
Kelley,  in  the  Circuit  Court  of  the  United  States  for  the  Northern 
District  of  Georgia.    Decree  rendered  December  18,  1891,  and  filed 
in  the  Clerk's  Office  December  18,  1891. 

6.  Deed  from  George  W.  Kelley,  dated  February  10,  1892,  convey- 
ing 151  acres  of  Lot  120,  in  Ninth  District,  Fourth  Section  of  Catoosa 
County;   also   9.21   acres  in   same   district  and   section   of  Walker 
County,  Ga.    Recorded  in  Clerk's  Office  of  Superior  Court  in  Book 
H,  page  422,  of  the  deed  records  of  Catoosa  County  and  in  Book  No. 
8,  pages  164  and  165.  of  the  deed  records  of  Walker  County. 

7.  Decree  of  condemnation  for  Lot  121,.  in  the  Ninth  District, 
Fourth  Section,  of  Catoosa  County,  Ga.,  containing  165  acres,  in 
case  No.  156,  The  United  States  v.  Dyer  Thomas,  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Appeal  taken  from  award  of  Appraisers.     Judgment  and  Decree 
entered  June  14,  1893,  and  filed  in  Clerk's  Office  June  14,  1893. 

8.  Decree  of  condemnation  for  Lot  122,  in  the  same  District,  Sec- 
tion, County  and  State,  containing  92.63  acres,  in  case  No.  137,  The 
United  States  v.  Wm.  F.  Conner  and  John  Roark,  in  the  .Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  January  6,  1893,  and  filed  in  the  Clerk's  Office  Jan- 
uary 6,  1893. 

9.  Deed  from  William  F.  Conner  and  John  Roark,  dated  Feb- 
ruary 11,  1892,  conveying  part  of  Lot  122,  in  same  district.  Section, 
County  and  State,  containing  72.5  acres,  including  equity  in  Reed's 
Bridge  or  Ringgold  road,  recorded  in   Clerk's  Office  of  Superior 
Court,  Book  I,  pages  42  and  43,  of  the  deed  records  of  Catoosa 
County, 


60  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

10.  Deed  from  William  F.  Conner  and  John  Roark,  dated  Feb- 
ruary 11,  1893,  conveying  part  of  Lot  122,  in  same  District,  Section, 
County  and  State,  containing  85.10  acres,  recorded  in  the  Clerk's 
Office  of  the  Superior  Court  in  Book  I,  pages  43  and  44,  of  the  deed 
records  of  Catoosa  County. 

11.  Decree  of  condemnation  for  part  of  Lot  130,  in  same  District, 
Section,  County  and  State,  containing  123.13  acres,  in  case  No.  167, 
The  United  States  v.  Augustus  Peters,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
February  11,  1892,  and  filed  in  the  Clerk's  Office  February  11,  1892. 

12.  Decree  of  condemnation  for  part  of  Lot  130,  in  same  District, 
Section,  County  and  State,  containing  40  acres,  in  case  No.   168, 
The  United  States  v.  Joseph  Peters,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
February  11,  1892,  and  filed  in  the  Clerk's  Office  February  11,  1892. 

13.  Deed  from  Joseph  Peters  and  Augustus  Peters,  dated  Feb- 
ruary 13,  1892,  conveying  Lot  130,  in  same  District,  Section,  County 
and  State,  containing  163.13  acres,  recorded  in  the  Clerk's  Office  of 
the  Superior  Court  in  Book  H,  page  448  of  the  deed  records  of 
Catoosa  County. 

14.  Decree  of  condemnation  for  Lot  131,  in  same  District,  Section, 
County  and  State,  containing  168.68   acres,  in  case  No.   138,  The 
United  States  v.  Benjamin  L.  Carlock,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
December  17,  1891,  and  filed  in  the  Clerk's  Office  December  17,  1891. 

15.  Deed  from  Benjamin  L.   Carlock,  dated  February  10,  1892, 
conveying  Lot  131,  in  same  District,  Section,  County  and  State,  con- 
taining 168.68  acres,  recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  432,  of  the  deed  records  of  Catoosa  County. 

16.  Decree  of  condemnation  for  Lot  132,  in  same  District,  Section, 
County  and  State,  containing  164.90  acres,  in   case  No.   139,  The 
United  States  v.  George  A.  Thomas  et  al.,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
December  18,  1891,  and  filed  in  the  Clerk's  Office  December  18,  1891. 

17.  Deed  from  Georgia  A.  Thomas  et  al.,  dated  February  12,  1892, 
conveying  Lot  132,  in  same  District,  Section,  County  and  State,  con- 
taining 164.90  acres,  recorded  in  the  Clerk's  Office"  of  the  Superior 
Court,  Book  H,  page  424,  of  the  deed  records  of  Catoosa  County. 

18.  Decree  of  condemnation  for  Lot  133,  in  same  District,  Section, 
County  and  State,  containing  165  acres,  in  case  No.  133,  The  United 
States  v.  Joseph  C.  Kelley,  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Georgia,    Decree  rendered  December  16, 
1891,  and  filed  in  the  Clerk's  Office  December  16,  1891. 

19.  Deed  from  Joseph  C.  Kelley,  dated  October  9,  1891,  conveying 
Lot  133,  in  same  District,  Section,  County  and  State,  containing  165 
acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  II, 
page  412,  of  the  deed  records  of  Catoosa  County. 

20.  Decree  of  condemnation  for  Lot  134,  in  Ninth  District,  Fourth 
Section,  of  Walker  County,  Ga.,  containing  174.80  acres,  in  case  No. 
135,  The  United  States  v.  Samuel  T.  Osborn,  in  the  Circuit  Court  of 
the  United  States  for  the  Northern  District  of  Georgia,    Decree  ren- 
dered December  16,  1891,  and  filed  in  the  Clerk's  Office  December 
16,  1891. 


GEORGIA.  61 

21.  Decree  of  condemnation  for  part  of  Lot  135  in  same  District, 
Section,  County  and  State,  containing  79.80  acres,  in  case  No.  128, 
The  United  States  v.  Elizabeth  C.  Corbley,  in  the  Circuit  Court  of 
the  United  States  for  the  Northern  District  of  Georgia.    Decree  ren- 
dered December  16,  1891,  and  filed  in  the  Clerk's  Office  December 
16,  1891. 

22.  Decree  of  condemnation  for  jmrt  of  Lot  135  in  same  District, 
Section,  County  and  State,  containing  87.08  acres,  in  case  No.  129, 
The  United  States  v.  Milton  Corbley,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered December  16,  1891,  and  filed  in  the  Clerk's  Office  December 
16,  1891. 

23.  Deed  from  Milton,  Richmond  C.,  and  Elizabeth  C.  Corbley, 
dated  October  7,  1891,  conveying  Lot  135  in  same  District,  Section, 
County  and  State,  containing  167  acres,  recorded  in  the  Clerk's  Office 
of  the  Superior  Court,  Book  No.  7,  pages  377  and  378,  of  the  deed 
records  of  Walker  County. 

24.  Decree  of  condemnation  for  part  of  Lot  154  in  same  District, 
Section,  County  and  State,  containing  97  acres,  in  case  No.  134,  The 
United  States  v.  Mary  J.  Merciers  et  al.,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered December  17,  1891,  and  filed  in  the  Clerk's  Office  December  17, 
1891. 

25.  Decree  of  condemnation  for  part  of  Lot  155  in  same  District, 
Section,  County  and  State,  containing  14.9  acres,  also  for  part  of 
Lot  170  in  same  District,  etc.,  containing  24J  acres,  in  case  No.  130, 
The  United  States  v.  Lee  H.  Dyer  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  De- 
cember 16,  1891,  and  filed  in  the  Clerk's  Office  December  16,  1891. 

26.  Decree  of  condemnation  for  part  of  Lot  155  in  same  District, 
Section,  County  and  State,  containing  150.2  acres,  also  for  part  of 
Lot  170  in  same  District,  etc.,  containing  104J  acres,  in  case  No.  131, 
The  United  States  v.  S.  B.  Dyer,  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  De- 
cember 17,  1891,  and  filed  in  Clerk's  Office  December  17,  1891. 

27.  Deed  from  Sillsbee  Dyer  et  al.,  dated  October  7,  1891,  convey- 
ing Lot  155,  containing  165  acres,  and  Lot  170,  containing  178  acres, 
both  in  said  same  District,  Section,  County  and  State,  recorded  in 
the  Clerk's  Office  of  the  Superior  Court,  Book  No.  7,  pages  375  to  377, 
of  the  deed  records  of  Walker  County. 

28.  Decree  of  condemnation  for  Lot  156,  in  Ninth  District,  Fourth 
Section  of  Catoosa  County,  Ga.,  containing  152.96  acres,  in  case  No. 
136,  The  United  States  v.  I.  W.  McConnell  and  James  W.  Crouch,  in 
the  Circuit  Court  of  the  United  States  for  the  Northern  District  of 
Georgia.     Decree  rendered  December  16,  1891,  and  filed  in  the  Clerk's 
Office  December  16, 1891. 

29.  Decree  of  condemnation  for  part  of  Lot  157,  in  same  District, 
Section,  County  and  State,  containing  121.25  acres,  in  case  No.  140, 
The  United  States  v.  Mary  Freeman,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  rendered 
December  17,  1891,  and  filed  in  Clerk's  Office  December  17,  1891. 

30.  Deed  from  Mary    V.  Bird,  formerly  Mary  V.  Freeman,  dated 
February  12,  1892,  conveying  part  of  Lot  157,  containing  121.25  acres, 
recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  H,  page 
434,  of  the  deed  records  of  Catoosa  County. 


62  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

31.  Decree  of  condemnation  for  part  of  Lot  157,  in  the  same  Dis- 
trict, Section,  County  and  State,  containing  40  acres,  in  case  No.  141, 
The  United  States  v.  A.  C.  Stone  and  J.  M.  Jones,  in  the  Circuit  Court 
of  the  United  States  for  the  Northern  District  of  Georgia.     Decree 
rendered  December  18,  1891,  and  filed  in  the  Clerk's  Office  December 
18,  1891. 

32.  Deed  from  Adrian  C.  Stone  and  James  M.  Jones,  dated  Febru- 
ary 12,  1892,  conveying  part  of  Lot  157,  in  same  District,  Section, 
County  and  State,  containing  40  acres,  recorded  in  the  Clerk's  Office 
of  the  Superior  Court,  Book  H,  page  426,  of  the  deed  records  of 
Catoosa  County. 

33.  Decree  of  condemnation  for  Lot  158,  in  the  same  District,  Sec- 
tion, County  and  State,  containing  163.56  acres,  in  case  No.  142,  The 
United  States  v.  Don  Cameron  Reed,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  rendered 
December  18,  1891,  and  filed  in  the  Clerk's  Office  December  18,  1891. 

34.  Deed  from  D.  C.  Reed,  dated  February  10,  1892,  conveying  Lot 
158  in  same  District,  Section,  County  and  State,  containing  163.56 
acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  H, 
page  431,  of  the  deed  records  of  Catoosa  County. 

35.  Decree  of  condemnation  for  part  of  Lot  159  in  same  District, 
Section,  County  and  State,  containing  80.50  acres,  in  case  No.  169, 
The  United  States  v.  Edgar  L.  Park,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  rendered 
February  11,  1892,  and  filed  in  the  Clerk's  Office  February  11,  1892. 

36.  Deed  from  Edgar  L.  Park,  dated  February  10,  1892,  conveying 
part  of  Lot  159  in  same  District,  Section,  County  and  State,  contain- 
ing 80.50  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  H,  page  452,  of  the  deed  records  of  Catoosa  County. 

37.  Decree  of  condemnation  for  part  of  Lot  159  of  the  same  Dis- 
trict, Section,  County  and  State,  containing  80.50  acres,  in  case  No. 
171,  The  United  States  v.  N.  White  Smith,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  rendered 
February  10,  1892,  and  filed  in  the  Clerk's  Office  February  10,  1892. 

38.  Deed  from  N.  White  Smith,  dated  February  10,  1892,  conveying 
part  of  Lot  159  in  same  District,  Section,  County  and  State,  contain- 
ing 80.50  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  H,  page  456,  of  the  deed  records  of  Catoosa  County. 

39.  Decree  of  condemnation  for  part  of  Lot  167  in  same  District, 
Section,  County  and  State,  containing  37.05  acres,  in  case  No.  151, 
The  United  States  v.  Joseph  W.  Osborn,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
December  18,  1891,  and  filed  in  the  Clerk's  Office  December  18,  1891. 

40.  Decree  of  condemnation  for  part  of  Lot  166,  in  same  District, 
Section,  County  and  State,  containing  84.04  acres,  in  case  No.  166, 
Tlie  United  States  v.  Joseph  W.  Osborn  in  .the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.      Decree  ren- 
dered February  10,  1892,  and  filed  in  the  Clerk's  Office  February  10, 
1892. 

41.  Deed  from  Joseph  W.  Osborn,  dated  February  13,  1892,  convey- 
ing part  of  Lot  167  in  same  District,  Section,  County  and  State,  con- 
taining 37.50  acres,  also  part  of  Lot  166  same  District,  etc. Containing 
84.04  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
H,  page  454,  of  the  deed  records  of  Catoosa  County. 


GEOEGIA.  63 

42.  Decree  of  condemnation  for  part  of  Lot  167  in  same  District, 
Section,  County  and  State,  containing  78.41  acres,  in  case  No.  144, 
The  United  States  v.  William  F.  Conner,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.    Decree  rendered 
January  6,  1893,  and  filed  in  the  Clerk's  Office  January  6,  1893. 

43.  Deed  from  William  F.  Conner,  dated  March  27,  1893,  convey- 
ing part  of  Lot  167  in  same  District,  Section,  County  and  State,  con- 
taining 78.41  acres,  recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  I,  pages  40-41,  of  the  deed  records  of  Catoosa  County. 

44.  Decree  of  condemnation  for  part  of  Lot  167  in  same  District, 
Section,  County  and  State,  containing  49.8  acres,  in  case  No.  143,  The 
United  States  v.  John  C.  Speers,  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  De- 
cember 18,  1891,  and  filed  in  the  Clerk's  Office  December  18,  1891. 

45.  Deed  from  John  C.  Speers,  dated  February  10,  1892,  conveying 
part  of  Lot  167  in  same  District,  Section,  County  and  State,  contain- 
ing 49.80  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  H,  page  445,  of  the  deed  records  of  Catoosa  County. 

46.  Decree  of  condemnation  for  Lot  168  in  same  District,  Section, 
County  and  State,  containing  163  acres,  in  case  No.  145,  The  United 
States  v.  Geo.  W.  Brotherton  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Northern  District  of  Georgia.     Decree  rendered  Decem- 
ber 17,  1891,  and  filed  in  the  Clerk's  Office  December  18,  1891.     See 
also  Decree  in  same  cause  amending  former  Decree,  rendered  May 
3,  1892,  and  filed  with  original  Decree. 

47.  Deed  from  James  L.  Brotherton  et  al.,  dated  February  12, 1892, 
conveying  Lot  168  in  same  District,  Section,  County  and  State,  con- 
taining 163  acres.     Eecorded  in  Clerk's  Office  of  the  Superior  Court, 
Book  H,  page  513,  of  the  deed  records  of  Catoosa  County. 

48.  Quitclaim  Deed  from  Wm.  J.  Brotherton,  dated  April  25,  1892, 
conveying  Lot  168  of  the  same  District,  Section,  County  and  State, 
containing  160  acres.     Recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  516,  of  the  deed  records  of  Catoosa  County. 

49.  Decree  of  condemnation  for  Lot  169  in  the  same  District,  Sec- 
tion, County  and  State,  containing  159.38  acres  in  case  No.  127,  The 
United  States  v.  George  W.  Brotherton  et  al.,  in  the  Circuit  Court 
of  the  United  States  for  the  Northern  District  of  Georgia.     Decree 
rendered  December  16,  1891,  and  filed  in  the  Clerk's  Office  December 
16,  1891. 

50.  Deed  from  James  L.  Brotherton  et  al.,  dated  October  9,  1891, 
conveying  Lot  169  in  the  same  District,  Section,  County  and  State, 
containing  160  acres.     Recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  410,  of  the  deed  records  of  Catoosa  County. 

51.  Decree  of  condemnation  for  part  of  Lot  170  in  the  Ninth  Dis- 
trict, Fourth  Section  of  Walker  County,  Ga.,  containing  49J  acres,  in 
case  No.  132,  The  United  States  v.  William  M.  Ireland,  in  the  Cir- 
cuit Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  December  16,  1891,  and  filed  in  the  Clerk's  Office 
December  16,  1891. 

52.  Deed  from  Charles  J.  Osburn,  dated  June  25,  1892,  conveying 
part  of  Lot  171  in  same  District,  Section,  County  and  State,  contain- 
ing 8  acres  and  reversionary  interest  in  right  of  way  occupied  by  Chat- 
tanooga, Rome  and  Columbus  Railroad.     Recorded  in  Clerk's  Office 


64  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

of  Superior  Court,  Book  No.  8,  pages  358  and  359,  of  the  deed  records 
of  Walker  County. 

53.  Deed  from  Julia  A.  Kush,  dated  May  25, 1892,  conveying  part  of 
Lot  171,  same  District,  Section,  County  and  State,  containing  6.93 
acres  less  a  right  of  way  granted  to  the  Chattanooga,  Eome  and  Co- 
lumbus Railroad  Company,  60  feet  wide  and  671  feet  long,  also  con- 
veys reversionary  interest  in  said  right  of  way.     Recorded  in  the 
Clerk's  Office  of  the  Superior  Court,  Book  No.  8,  pages  356  to  358,  of 
the  deed  records  of  Walker  County. 

54.  Deed  from  W.  M.  Weathers,  dated  October  8,  1892,  conveying 
part  of  Lot  171  of  the  same  District,  Section,  County  and  State, 
containing  20,600  square  feet,  known  as  Lot  1,  Battlefield  Station. 
Recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  No.  8, 
pages  413  and  414,  of  the  deed  records  of  Walker  County. 

55.  Decree  of  condemnation  for  part  of  Lot  191  in  same.  District, 
Section,  County  and  State,  containing  3.9  acres ;  also  part  of  Lot  190, 
same  District,  etc.,  containing  0.93  acre,  in  case  No.  174,  The  United 
States  v.  Mary  Weathers,  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Georgia.     Decree  rendered  February  10, 
1892,  and  filed  in  the  Clerk's  Office  February  10,  1892.     See' also 
Decree  in  same  case  amending  former  Decree,  rendered  May  3,  1892, 
and  filed  with  original  decree. 

56.  Decree  of  condemnation  for  part  of  Lot  191  in  same  District, 
Section,  County  and  State,  containing  185  acres,  case  No.  155,  The 
United  States  v.  George  W.  Brotherton,  in  the  Circuit  Court  of  the 
United  States  for  thQ  Northern  District  of  Georgia.     Decree  ren- 
dered December  17,  1891,  and  filed  in  the  Clerk's  Office  December  17, 
1891. 

57.  Deed  from  George  W.  Brotherton,  dated  February  10,  1892, 
conveying  part  of  Lot  191,  in  same  District,  Section,  County  and 
State,  containing  185  acres,  and  also  his  reversionary  interest  in  the 
land  occupied  by  the  Chattanooga,  Rome  and  Columbus  Railroad. 
Recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  No.  8, 
pages  274  and  275,  of  the  deed  records  of  Walker  County. 

58.  Decree  of  condemnation  for  Lot  192  in  Ninth  District,  Fourth 
Section  of  Catoosa  County,  Ga.,  containing  173.80  acres,  in  case  No. 
162,  The  United  States  v.  J.  A.  Gross  et  al.,  in  the  Circuit  Court  of 
the  United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered February  11,  1892,  and  filed  in  the  Clerk's  Office  February  11, 
1892. 

59.  Decree  of  condemnation  for  Lot  193  in  same  District,  Section, 
County  and  State,  containing  183.31   acres,  in  case  No.   149,  The 
United  States  v.  Sarah  E.  Case  et  al.,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered December  18,  1891,  and  filed  in  the  Clerk's  Office  December  18, 
1891. 

60.  Deed  from  Frank  P.  Case  et  al.,  dated  February  10,  1892, 
conveying  Lot  193  in  same  District,  Section,  County  and  State,  con- 
taining 183.31  acres.     Recorded  in  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  443,  of  the  deed  records  of  Catoosa  County. 

61.  Deed  from  James  C.  Gordon,  dated  February  10,  1892,  con- 
veying Lot  193  in  same  District,  Section,  County  and  State,  in- 
cluding "all  interest,"  etc.     Recorded  in  the  Clerk's  Office  of  the 
Superior  Court,  Book  H,  page  447,  of  the  deed  records  of  Catoosa 
County. 


GEORGIA.  65 

62.  Decree  of  condemnation  for  Lot  194  in  same  District,  Section, 
County  and  State,  containing  170  acres,  in  case  No.  148,  The  United 
States  v.  James  C.  Gordon,  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Georgia.     Decree  rendered  December  IT, 

1891,  and  filed  in  the  Clerk's  Office  December  IT,  1891. 

63.  Decree  of  condemnation  for  part  of  Lot  195,  in  same  District, 
Section,  County  and  State,  containing  135.91  acres ;  also  part  of  Lot 
166  in  same  District,  etc.,  containing  82  acres;  also  part  of  Lot  203 
in  same  District,  etc.,  containing  92  acres,  in  case  No.  163,  The  United 
States  v.  James  C.  Gordon,  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Georgia.     Decree  rendered  February  11, 

1892,  and  filed  in  the  Clerk's  Office  February  11, 1892.    See  also  agree- 
ment between  J.  C.  Gordon  and  U.  S.  Agent  filed  in  said  cause  reserv- 
ing creek  and  water  power,  etc.,  dated  November  25,  1891. 

64.  Deed  from  James  C.  Gordon,  dated  August  2,  1892,  conveying 
part  of  Lot  194,  in  same  District,  Section,  County  and  State,  con- 
taining 1TO  acres;  also  part  of  Lot  195,  in  same  District,  etc.,  con- 
taining 135.91  acres ;  also  part  of  Lot  203,  in  same  District,  etc., 
containing  92  acres;  also  part  of  Lot  166,  in  same  District,  etc., 
containing  82  acres.     Recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  524,  of  the  deed  records  of  Catoosa  County. 

65.  Decree  of  condemnation  for  part  of  Lot  204  in  same  District, 


Georgia. 

rendered  February  12,  1892,  and  filed  in  the  Clerk's  Office  February 
12,  1892.  See  also  Decree  in  the  same  case  amending  former  Decree, 
rendered  May  3,  1892,  and  filed  with  original  decree. 

66.  Decree  of  condemnation  for  part  of  Lot  205  in  same  District, 
Section,  County  and  State,  containing  0.38  acre,  in  case  No.  160,  The 
United  States  v.  The  Crawfish  Springs  Land  Company,  in  the  Circuit 
Court  of  the  LTnited  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  December  18,  1891,  and  filed  in  the  Clerk's  Office 
December  18,  1891. 

6T.  Decree  of  condemnation  for  part  of  Lot  205  in  same  District, 
Section,  County  and  State,  containing  T6.55  acres,  in  case  No.  146, 
The  United  States  v.  Samuel  W.  Devine,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.  Decree  rendered 
May  21,  1892,  and  filed  in  the  Clerk's  Office  May  21, 1892. 

68.  Deed  from  Samuel  W.  Devine,  dated  March  14,  1892,  convey- 
ing part  of  Lot  205  in  said  District,  Section,  County  and  State,  con- 
taining T6.55  acres.     Recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  518,  of  the  deed  records  of  Catoosa  County. 

69.  Decree  or  condemnation  for  part  of  Lot  206  in  Ninth  District, 
Fourth  Section  of  Walker  County,  Ga.,  containing  80.T2  acres,  in 
case  No.  154,  The  United  States  v.  James  R.  Horton,  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  December  18, 1891,  and  filed  in  the  Clerk's  Office  De- 
cember 18,  1891. 

TO.  Deed  from  James  R.  Horton,  dated  April  16,  1892,  conveying 
part  of  Lot  206  in  same  District,  Section,  County  and  State,  contain- 
ing T9.T2  acres.  Recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  No.  8,  pages  2T6  and  2TT,  of  the  deed  records  of  Walker  County. 

16809—10 5 


66  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

71.  Decree  of  condemnation  for  part  of  Lot  206,  in  same  District, 
Section,  County  and  State,  containing  10  acres,  in  case  No.  175,  The 
United  States  v.  Mary  Weathers  et  al.,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered February  12, 1892,  and  filed  in  Clerk's  Office  February  12,  1892. 

72.  Decree- of  condemnation  for  part  of  Lot  206,  in  same  District, 
Section,  County  and  State,  containing  80.72  acres,  in  case  No.  153, 
The  United  States  v.  W.  M.  Ireland,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered December  16,  1891,  and  filed  in  the  Clerk's  Office  December  16, 
1891. 

73.  Deed  from  W.  M.  Ireland,  dated  February  10,  1892,  conveying 
part  of  Lot  206,  of  the  same  District,  Section,  County  and  State,  con- 
taining 80.72  acres,  recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  No.  8,  pages  162  and  163,  of  the  Deed  records  of  Walker 
County. 

74.  Decree  of  condemnation  for  part  of  Lot  227,  in  same  District, 
Section,  County  and  State,  and  part  of  Lot  228,  in  same  District  and 
Section  of  Catoosa  County,  Ga.,  containing  57  acres,  in  case  No.  161, 
The  United  States  v.  The  Crawfish  Springs  Land  Co.,  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Georgia. 
Decree  rendered  February  11,  1892,  and  filed  in  the  Clerk's  Office 
February  11,  1892.     See  also  Decree  in  same  case  amending  former 
Decree,  rendered  March  30,  1892,  and  filed  with  original  Decree. 

75.  Decree  of  condemnation  for  part  of  Lot  205,  in  Ninth  District, 
Fourth  Section  of  Catoosa  County,  Ga.,  containing  76.17  acres;  also 
part  of  Lot  228  in  same  District,  etc.,  containing  37  acres,  in  con- 
solidated cases  Nos.  147  and  170,  The  United  States  v.  Joseph  T. 
Scott  et  al.,  in  the  Circuit  Court  of  the  United  States  for  the  North- 
ern District  of  Georgia.     Decree  rendered  June  23,  1893,  and  filed  in 
the  Clerk's  Office  June  23,  1893. 

76.  Decree  of  condemnation  for  part  of  Lot  229,  of  the  same  Dis- 
trict, Section,  County  and  State,  containing  90.50  acres,  in  case  No. 
173,  The  United  States  v.  Samuel  Hall  et  al.,  in  the  Circuit  Court  of 
the  United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered February  12,  1892,  and  filed  in  the  Clerk's  Office  February  12, 
1892.     See  also  Decree  in  same  case  amending  former  Decree,  ren- 
dered May  3,  1892,  and  filed  with  original  Decree. 

77.  Decree  of  condemnation  for  part  of  Lot  230,  in  same  District, 
Section,  County  and  State,  containing  155.54  acres,  in  case  No.  164, 
The  United  States  v.  Jeptha  F.  Hunt,  in  the  Circuit  Court  of  the 
United  States  for  the  Northern  District  of  Georgia.     Decree  ren- 
dered February  11,  1892,  and  filed  in  the  Clerk's  Office  February  11, 
1892. 

78.  Deed  from  Jeptha  F.  Hunt,  dated  February  27,  1892,  convey- 
ing part  of  Lot  230,  in  same  District,  Section,  County  and  State, 
containing  155.54  acres,  recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  H,  page  441,  of  the  deed  records  of  Catoosa  County. 

79.  Deed  from  M.  M.  Church  and  Leon  A.  Camp,  dated  May  11, 
1898,  conveying  Lot  94,  in  the  Ninth  District  and  Fourth  Section  of 
Catoosa  County,  containing  160  acres.     Deed  recorded  in  the  Clerk's 
Office  of  the  Superior  Court  in  Book  J,  pages  61  and  62,  of  the  deed 
records  of  Catoosa  County. 


GEORGIA.  67 

80.  Deed  from  Caroline  M.  Braden,  'dated  May  16,  1898,  convey- 
ing a  part  of  Lot  171,  in  the  Ninth  District,  Fourth  Section  of 
Walker  County,  containing  one-third  of  an  acre.  Deed  recorded  in 
Clerk's  Office  of  the  Superior  Court,  in  Deed  Record  12,  on  pages 
423  and  424,  of  the  records  of  Walker  County. 

(See  Fort  Oglethorpe,  page  75  post.} 

80a.  Deed  from  Sarah  E.  and  Joseph  N.  Wilson,  dated  August  18, 
1902,  conveying  a  portion  of  Lot  85,  containing  32.50  acres;  and  a 
portion  of  Lot  96,  containing  64.91  acres,  situated  in  the  Ninth  Dis- 
trict, Fourth  Section  of  Catoosa  County ;  deed  recorded  in  Deed  Book 
K,  pages  140-142,  of  the  records  of  said  county. 

.  80b.  Deed  from  Martha  A.  Ward  and  Hariet  E.  Wilson,  dated 
August  5,  1902,  conveying  a  portion  of  Lot  96,  containing  69.83  acres, 
situated  in  the  Ninth  District,  Fourth  Section  of  Catoosa  County; 
deed  recorded  in  Deed  Book  K,  page  149,  of  the  records  of  said 
county. 

80c.  Deed  from  Elizabeth  Cannon  and  Thomas  Cannon,  her  hus- 
band, dated  August  8,  1902,  conveying  a  portion  of  Lot  96,  contain- 
ing 20  acres,  situated  in  the  Ninth  District,  Fourth  Section  of 
Catoosa  County;  deed  recorded  in  Deed  Book  K,  pages  150-151,  of 
the  records  of  said  county. 

80d.  Deed  from  George  W.  Schmitt  and  Bell  Schmitt,  his  wife, 
dated  August  2,  1902,  conveying  a  portion  of  Lot  85,  containing  17 
acres,  situated  in  Ninth  District,  Fourth  Section  of  Catoosa  County; 
deed  recorded  in  Book  K,  page  139,  of  the  records  of  said  county. 

80e.  Deed  from  Thomas  Tallent  and  Sarah  Tallent,  his  wife,  dated 
August  5,  1902,  conveying  a  portion  of  Lot  85,  containing  9  acres; 
and  a  portion  of  Lot  84,  containing  approximately  one -tenth  of  an 
acre,  situated  in  the  Ninth  District,  Fourth  Section  of  Catoosa 
County ;  deed  recorded  in  Deed  Book  K,  pages  137-138,  of  the  records 
of  said  county. 

80f.  Deed  from  Adelphia  Barringer,  dated  July  28,  1902,  convey- 
ing a  portion  of  Lot  84,  containing  1.24  acres,  situated  in  Ninth  Dis- 
trict, Fourth  Section  of  Catoosa  County ;  deed  recorded  in  Deed  Book 
K,  pages  142-143,  of  the  records  of  said  county. 

80g.  Deed  from  Joseph  B.  Dixon  and  Sarah  M.  Dixon,  his  wife, 
dated  August  7th,  1902,  conveying  a  portion  of  Lot  97,  containing 
124.69  acres,  situated  in  Ninth  District,  Fourth  Section  of  Catoosa 
County;  deed  recorded  in  Deed  Book  K,  pages  128-129,  of  the  rec- 
ords of  said  county. 

80h.  Deed  from  John  Quincy  Adams  and  Laura  R.  Adams,  his 
wife,  dated  August  13,  1902,  conveying  a  portion  of  Lot  97,  contain- 
ing 20.54  acres,  situated  in  Ninth  District,  Fourth  Section  of  Catoosa 
County;  deed  recorded  in  Deed  Book  K,  pages  130-131,  of  the  rec- 
ords 01  said  county. 

80i.  Deed  from  Macklena  Flock,  dated  August  8,  1902,  conveying 
a  portion  of  Lot  97,  containing  6  acres,  situated  in  Ninth  District, 
Fourth  Section  of  Catoosa  County;  deed  recorded  in  Deed  Book  K, 
pages  131-132,  of  the  records  of  said  county. 

80k.  Deed  from  Samuel  W.  Divine,  dated  August  5,  1902,  convey- 
ing a  portion  of  Lot  98,  containing  32.8  acres,  situated  in  Ninth  Dis- 
trict, Fourth  Section  of  Walker  County;  deed  recorded  in  Book  15 
of  Deeds,  page  522,  of  the  records  of  said  county. 


68  UNITED    STATES    MILITARY   RESERVATIONS,    ETC. 

801.  Deed  from  Laura  A.  Sowell,  guardian  for  A.  B.  Howell,  a 
lunatic,  dated  February  3,  1903,  conveying  a  portion  of  Lot  83,  con- 
taining 108.1  acres,  situated  in  Ninth  District,  Fourth  Section  of 
Walker  County ;  deed  recorded  in  Book  16  of  Deeds,  page  196,  of  the 
records  of  said  county. 

80m.  Deed  from  Mrs.  Mary  A.  Scott,  et  al.,  dated  May  19,  1903, 
conveying  a  portion  of  Lot  85,  containing  115.46  acres ;  and  a  portion 
of  Lot  84,  containing  37.99  acres ;  and  a  portion  of  Lot  84,  containing 
15.05  acres;  situated  in  the  Ninth  District,  Fourth  Section  of  Ca- 
toosa  County;  deed  recorded  in  Deed  Book  K,  pages  251-255,  of  the 
records  of  said  county.  The  conveyance  of  the  tract  of  37.99  acres 
in  Lot  84,  is  made  subject  "  to  the  interest  conveyed  by  deed  from 
John  H.  Scott,  deceased,  to  G.  W.  Kelley,  et  al.,  trustees,  dated 
December  14,  1883,  recorded  in  Book  F,  page  170,  in  the  land  records 
of  Catoosa  County,  in  a  tract  of  two  acres,  more  or  less,  in  the  south- 
west corner  of  the  parcel  of  land  herein  conveyed  ".  (For  extin- 
guishment of  this  claim  see  "  80n  "  infra.) 

80n.  Deed  from  Lee  Fossett,  et  al.,  trustees  of  the  Cloud  Spring 
Missiona^  Baptist  Church,  dated  December  4,  1902,  conveying  to  the 
United  States  all  the  right,  title  and  interest  of  said  Church,  or 
themselves,  as  said  trustees,  to  the  right  of  way  in  the  grant  from 
W.  H.  Hargrave  and  John  H.  Scott,  dated  December  12,  1883;  as 
well  as  to  the  tract  of  land  mentioned  in  the  grant  from  John  H. 
Scott,  dated  December  14,  1883 ;  referred  to  in  *4  80m  "  supra.  Deed 
recorded  in  Book  K,  pages  431-438.  of  the  records  of  said  county. 

80o.  Deed  from  AY.  H.  Hargrave  and  Birdie  L.  Bennett  nee  Har- 
grave, dated  August  14, 1902,  conveying  a  portion  of  Lot  84,  contain- 
ing 95.45  acres,  and  a  portion  of  Lot  84,  containing  30.06  acres,  situ- 
ated in  Ninth  District,  Fourth  Section  of  Catoosa  County;  deed 
recorded  in  Book  K,  pages  672-675,  of  the  records  of  said  county. 

80p.  Deed  from  same  parties,  dated  September  26,  1902,  correcting 
error  in  description  of  first  parcel  in  preceding  deed  (80o).;  deed 
recorded  in  Book  K,  pages  668-671,  records  of  Catoosa  County, 
Georgia. 

TENNESSEE — 

81.  Deed  from  J.  J.  Myers  and  wife,  dated  April  5,  1893,  convey- 
ing an  undivided  half  interest   in  3f  acres,  in   Hamilton   County, 
Tenn.     (Orchard  Knob.)     Deed  and  Plat  entered  in  Notebook  No.  7, 
page  527.  and  recorded  in  Book  M,  Vol.  5,  page  15,  et  seq.,  of  the 
deed  records  of  Hamilton  County. 

82.  Deed  from  the  McCallie  Avenue  Land  and  Improvement  Com- 
pany, dated  April  6,  1893,  conveying  3.7  acres,  in  Hamilton  County, 
Tenn.     (Orchard  Knob.)     Deed  and  Plat  entered  in  Notebook  No.  7, 
page  527,  and  recorded  in  Book  M,  Vol.  5.  page  18  et  seq.,  of  same 
records. 

83.  Deed  from  Mary  Anderson  et  al.,  dated  April  20,  1893,  convey- 
ing an  undivided  interest  in  3|  acres,  in  Hamilton  County,  Tenn. 
(Orchard  Knob.)     Deed  and  Plat  entered  in  Notebook  No.  7,  page 
527,  and  recorded  in  Book  M,  Vol.  5,  page  11  et  seq.,  of  same  records. 

84.  Deed  from  The  Bragg  Hill  Land  Company,  dated  March  16. 
1893,  conveying  about  2.50   acres,   therein   described,  in   Hamilton 
County,  Tenn.     (Bragg's  Headquarters.)     Deed  and  Plat  entered  in 
Notebook  No.  7,  page  477,  and  recorded  in  Book  K,  Vol.  5,  page  28  et 
seq.,  of  same  records. 


GEORGIA.  60 

85.  Deed  from  Kate  M.  James  et  al.,  dated  December  19,  1892,  con- 
veying 5.25   acres   therein   described,   in   Hamilton    County,   Tenn. 
(De  Long  Place,  Missionary  Ridge.)     Deed   and  Plat  entered  in 
Notebook  No.  7,  page  397,  and  recorded  in  Book  G,  Vol.  5,  page  73 
et  seq.,  of  same  records. 

86.  Deed  from  Jesse  D.  Trueblood  and  wife,  dated  December  8, 
1894,  conveying  17.70  acres,  excepting  Lots  5,  0,  02  and  03,  therein 
described,  in  Hamilton  County,  Tenn.     (Tnieblood's.)     Deed,  etc., 
entered  in  Notebook  No.  8,  page  190,  and  recorded  in  Book  X,  Vol. 
5,  .page  322  et  seq.,  of  same  records. 

87.  Deed  from  C.  A.  Crow  and  wife,  dated  November  21,  1894, 
conveying  12  acres  in  Hamilton  County,  Tenn.     Deed,  etc.,  entered 
in  Notebook  No.  8,  page  100,  and  recorded  in  Book  X,  Vol.  5,  page 
54  et  seq.,  of  same  records.     (See  90  infra.) 

88.  Deed  from  Philomene  P.  Myer,  dated  November  20,  1894,  con- 
veying Lots  5  and  0  in  Trueblood's  subdivision  of  Sherman  Heights, 
in  Hamilton  County,  Tenn.     Deed,  etc.,  entered  in  Notebook  No.  8, 
page  203,  and  recorded  in  Book  X,  Vol.  5,  page  404  et  seq.,  of  same 
records. 

89.  Deed  from  the  Covenant  Building  and  Loan  Association,  dated 
March  5,  1905,  conveying  Lots  02  and  63,  in  Trueblood's  subdivision, 
etc.,  Hamilton  County,  Tenn.    Deed,  etc.',  entered  in  Notebook  No.  8, 
p.  203,  and  recorded  in  Book  X,  Vol.  5,  page  400  et  seq.,  of  same  rec- 
ords.    (See  97  infra.) 

90.  Deed  from  John  A.  Moon  and  wife,  dated  November  22,  1894, 
conveying   about    15.75    acres    on    Missionary    Ridge,    in    Hamilton 
County,  Tenn.    Deed,  etc.,  entered  in  Notebook  No.  8,  page  100,  and 
recorded  in  Book  X,  Vol.  5,  page  51  et  seq.,  of  same  records. 

91.  Deed  from  Mrs.  N.  J.  McMillin,  dated  September  4,  1890,  con- 
veying 35.8  acres  of  land ;  also  right  of  way  over  the  land  held  as  an 
easement;  and  also  all  interest  in  lands  lying  between  the  Chatta- 
nooga  and   Lookout    Mountain   Railway   and   the  base  of  the   west 
bluff  of  Lookout  Mountain,  in  Hamilton  County,  Tenn.     Deed  en- 
tered in  Notebook  No.  8,  page  309,  and  recorded  in  Book  F,  Vol.  6, 
page  712  et  seq.,  of  same  records. 

92.  Deed  from  W.  G.  E.  Cunnyngham  and  wife  et  al.,  dated  Sep- 
tember 4,  1890,  conveying  40.20  acres  of  land  in  the  Seventeenth  Dis- 
trict of  Hamilton  County,  Tenn.     Deed  entered  in  Notebook  No.  8, 
page  384,  and  recorded  in  Book  H,  Vol.  0,  page  339  et  seq.,  of  same 
records. 

93.  Deed  from  E.  W.  Wallace  and  wife,  dated  December  21,  1890, 
conveying  144,000  square  feet  of  land  in  the  Seventeenth  District  of 
Hamilton   County,  Tenn.     Deed  entered  in   Notebook  No.   8,  page 
384,  and  recorded  in  Book  H,  Vol.  G,  page  338  et  seq.,  of  same  records. 

94.  Deed  from  Elmer  J.  Smart  et  al.,  trustees,  dated  July  15,  1898, 
conveying  certain  land  therein  described.    Deed  recorded  in  Book  O, 
Vol.  0,  page  471  et  seq..  of  same  records.         ' 

95.  Deed  from  T.  G.  Barnhill  and  wife,  dated  July  24th  1899, 
conveying  2.7  acres,  more  or  less,  in  the  Sixth  Civil  District  of 
Hamilton  County.    Deed  entered  in  Note  Book  No.  9,  Page  150,  and 
recorded  in  Book  U,  Volume  0,  page  9  et  seq.,  of  same  records. 

90.  Deed  from  C.  A.  Crow,  dated  February  5,  1900,  conveying  the 
12  acres  mentioned  in  deed  87  of  this  book;  deed  being  to  correct 
error  in  instrument  dated  November  21,  1894.  Entered  in  Note 


70  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Book  No.  9,  page  190,  and  recorded  in  Book  V,  Volume  6,  page  452 
et  seq.,  of  same  records. 

97.  Deed  from  Mrs.  N.  J.  McMillin,  dated  March  16,  1900,  con- 
veying one-twentieth  of  an  acre,  more  or  less,  to  correct  error  in  deed 
number  89,  this  book.     Deed   entered  in  Note   Book  No.    9,   page 
209,  and  recorded  in  Book  V,  volume  6,  page  676,  of  same  records. 

97a.  Deed  from  Daniel  Butterfield  and  wife,  dated  April  25,  1900, 
conveying,  at  the  request  of  the  Governor  of  the  State  of  New  York, 
four  parcels  of  land,  containing,  respectively,  nearly  one  acre,  0.175 
acre,  0.175  acre,  and  about  one-tenth  acre,  in  Hamilton  County, 
Tenn. ;  deed  recorded  in  Book  E,  volume  8,  page  330  et  seq.,  of  same 
records. 

97b.  Deed  from  the  Seventy-third  Regiment  Pennsylvania  Vet- 
eran Volunteer  Association,  by  Hugh  Kennedy  and  William  Fees, 
attorneys  specially  authorized  for  the  purpose,  dated  November  14, 
1905,  to  site  in  the  village  of  Sherman  Heights,  Hamilton  County, 
Tenn.,  upon  which  to  erect  the  monument  of  said  Association.  Deed 
recorded  in  Book  J,  volume  8,  page  96  et  seq.,  of  same  records. 

ROADWAYS — 

The  following  deeds  convey  the  title  to  certain  tracts  acquired  for 
roadway  purposes: 

Ringgold  Road.  This  road  extends  from  the  eastern  boundary  of 
the  Park  to  the  New  York  Monument  in  Ringgold  Park. 

98.  Deed  from  John  S.  Love  et  al.,  dated  August  19,  1896,  and 
recorded  in  Book  J,  Page  356,  of  the  records  of  Catoosa  County. 

99.  Deed  from  J.  P.  Speer  et  al.,  dated  September  1,  1896,'  and 
recorded  in  Book  J,  Page  350,  of  same  records. 

100.  Deed  from  J.  J.   Reed  et   al.,  dated  -        — ,  — ,   1896,   and 
recorded  in  Book  J,  Pages  484  to  486,  of  same  records. 

101.  Deed  from  J.  S.  Love  et  al.,  dated  September  1,  1896,  and 
recorded  in  Book  J,  Page  368,  of  same  records. 

102.  Deed  from  W.  H.  Albright  et  al.,  dated  September  1,  1896, 
and  recorded  in  Book  J,  Pages  458  to  461,  of  same  records. 

103.  Deed  from  G.  E.  D.  Russell  et  al.,  dated  September  1,  1896, 
and  recorded  in  Book  J,  Pages  461  to  463,  of  same  records. 

104.  Deed  from  W.  T.  Park  et  al.,  dated  September  1,  1896,  and 
recorded  in  Book  J,  Page  398,  of  same  records. 

105.  Deed  from  L.  L.  and  C.  P.  Hitt,  dated  September  1,  1896,  and 
recorded  in  Book  J,  Pages  340  to  344,  of  same  records. 

106.  Deed  from  W.  T.  Park,  dated  September  1,  1896,  and  re- 
corded in  Book  J,  Page  378,  of  same  records. 

107.  Deed  from  F.  M.  Powell,  dated  September  1,  1896,  and  re- 
corded in  Book  J,  Page  360,  of  same  records. 

108.  Deed  from  T.  E.  Anderson  et  al.,  dated  September  1,  1896, 
and  recorded  in  Book  J,  Pages  343  and  344,  of  same  records. 

109.  Deed  from  J.  T.  Robinson  et  al,  dated  September  1,  1896,  and 
recorded  in  Book  J,  Page  364,  of  same  records. 

110.  Deed  from  Jacob  R.  Peters,  dated  September  15,  1896,  and 
recorded  in  Book  J,  Page  381,  of  same  records. 

111.  Deed  from  J.  J.  Reed,  dated  September  15,  1896,  and  recorded 
in  Book  J,  Page  375,  of  same  records. 

112.  Deed  from  Helen  McDaniell,  dated  August  17,  1897,  and  re- 
corded in  Book  J,  Page  365,  of  same  records. 


GEORGIA.  71 

113.  Deed  from  the  Commissioners  Town  of  Ringgold,  dated  June 
28,  1899,  and  recorded  in  Book  J,  Page  346,  of  same  records. 

114.  Deed  from  W.  I.  Jobe  et  al.,  dated  August  14,  1899,  and  re- 
corded in  Book  J,  Page  373,  of  same  records. 

115.  Deed  from  J.  W.  Cavender,  dated  August  31,  1899,  and  re- 
corded in  Book  J,  Page  354,  of  same  records. 

116.  Deed  from  A.  P.  Yates  et  al.,  dated  September  23,  1899,  and 
recorded  in  Book  J,  Page  370,  of  same  records. 

Reeds  Bridge  Road.  This  road  extends  from  the  La  Fayette  Road 
to  the  eastern  boundary  of  the  Park  near  Jays  Mill. 

117.  Deed  from  Jesse  B.  Beaver,  dated  December  28,  1900,  and  re- 
corded in  Book  J,  Page  591,  of  the  records  of  Catoosa  County. 

118.  Deed  from  Martha  A.  Ward  et  aL,  dated  September  13,  1901, 
and  recorded  in  Book  J,  Pages  713  and  714,  of  same  records. 

119.  Deed  from  Jos.  B.  Dixon,  dated  October  7,  1901,  and  recorded 
in  Book  J,  Pages  730  and  731,  of  same  records. 

120.  Deed  from  C.  R.  Love,  dated  October  12,  1901,  and  recorded 
in  Book  J,  Pages  739  and  740,  of  same  records. 

Reeds  Bridge  Road  Extension.  This  road  extends  from  La  Fay- 
ette Road  to  the  Rapid  Transit  Railroad  Terminus. 

121.  Deed    from    the    Rapid   Transit    Company   of    Chattanooga, 
dated  March  15,  1901,  and  recorded  in  Book  14,  Page  563,  of  the  rec- 
ords of  Walker  County. 

Rossville  and  Vittetoe  (Dry  Valley)  Road.  This  road  is  one  of  the 
approaches  to  the  Park,  and  the  deeds  cover  the  right  of  way  be- 
tween the  La  Fayette  Road  at  Rossville  and  junction  of  the  "Mullis- 
McFarland  Gap  Road  "  at  the  Murdock  trestle,  in  the  heart  of  Me- 
Farland  Gap. 

122.  Deed  from  H.  T.  Olmstead,  dated  March  26,  1902,  and  re- 
corded in  Book  15,  Page  393,  of  same  records. 

123.  Deed  from  Mrs.  M.  H.  Gibson,  dated  March  28,  1902,  and 
recorded  in  Book  15,  Page  394,  of  same  records. 

124.  Deed  from  John  M.  McFarland,  dated  March  29,  1902,  and 
recorded  in  Book  15,  Page  395,  of  same  records. 

125.  Deed  from  T.  F.  McFarland,  dated  March  29,  1902,  and  re- 
corded in  Book  15,  Page  387,  of  same  records. 

126.  Deed  from  I.  M.  Flegal,  dated  March  29, 1902,  and  recorded  in 
Book  15,  Page  406,  of  same  records. 

127.  Deed  from  Wiley  Wall,  dated  March  29,  1902,  and  recorded 
in  Book  15,  Page  397,  of  same  records. 

128.  Deed  from  C.  A.  Siekenknecht,  dated  March  29,  1902,  and  re- 
corded in  Book  15,  Page  393,  of  same  records. 

129.  Deed  from  George  Usmiller,  dated  March  29,  1902,  and  re- 
corded in  Book  15,  Page  401,  of  same  records. 

130.  Deed  from  R.  B.  Stegall,  dated  March  29,  1902,  and  recorded 
in  Book  15,  Page  398,  of  same  records. 

131.  Deed  from  John  C.  Schmitt,  dated  April  1,  1902,  and  re- 
corded in  Book  15,  Page  396,  of  same  records. 

132.  Deed  from  J.  A.  McFarland,  dated  April  2,  1902,  and  recorded 
in  Book  15,  Page  399,  of  same  records. 

133.  Deed  from  Mrs.  A.  E.  Morrison,  dated  April  2,  1902,  and  re- 
corded in  Book  15,  Page  404,  of  same  records. 

134.  Deed  from  J.  R.  Conley,  dated  April  14,  1902,  and  recorded  in 
Book  15,  Page  391,  of  same  records. 


72  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

135.  Deed  from  J.  E.  McFarland,  dated  April  16,  1902,  and  re- 
corded in  Book  15,  Page  387,  of  same  records. 

136.  Deed  from  James  R.  McFarland,  dated  April  16,  1902,  and 
recorded  in  Book  15,  Page  404,  of  same  records. 

137.  Deed  from  J.  R.  McFarland,  dated  April  16,  1902,  and  re- 
corded in  Book  15,  Page  402,  of  same  records. 

138.  Deed  from  T.  E.  Waters,  dated  April  28,  1902,  and  recorded 
in  Book  15,  Page  401,  of  same  records. 

139.  Deed  from  Mrs.  M.  M.  Thomas,  dated  April  29,  1902,  and  re- 
corded in  Book  15,  Page  395,  of  same  records. 

140.  Deed  from  E.  W.  Royce,  dated  April  29,  1902,  and  recorded  in 
Book  15,  Page  403,  of  same  records. 

141.  Deed  from  E.  C.  Blighton  and  wife,  dated  May  9,  1902,  and 
recorded  in  Book  15,  Page  400,  of  same  records. 

142.  Deed  from  the  Chickamauga  Cement  Company,  dated  May  14, 
1902,  and  recorded  in  Book  15,  Page  405,  of  same  records. 

143.  Deed  from  John  M.  McFarland,  dated  July  21,  1902,  and 
recorded  in  Book  15,  Page  465,  of  same  records. 

Dry  Valley  and  Crawfish  Springs  Road.  This  road  is  one  of  the 
approaches  to  the  Park  and  reaches  from  McFarland  Gap  to  the  inter- 
section of  the  "Lee  and  Gordon  Mills  Road."  While  completing 
inclosure  around  the  Park,  some  right  of  way  was  required  for  this 
road  in  order  to  place  the  fence  along  its  western  boundary,  provided 
by  law.  This  necessitated  limited  construction  work,  and  the  right 
of  way  deeds  inclosed  were  obtained  for  that  purpose. 

144.  Deed  from  Amanda  E.  Smith  and  husband,  dated  March  21, 
1902,  and  recorded  in  Book  15,  Page  408,  of  the  records  of  Walker 
County. 

145.  Deed  from  Miles  Weathers,  dated  December  16,  1902,  and  re- 
corded in  Book  15,  Page  198,  of  same  records. 

Glass  Mill  Road.  This  road  from  Crawfish  Springs  to  Glass  Mill 
is  one  of  the  approaches  to  the  Park. 

146.  Deed  from  J.  T.  Glass,  administrator,  etc.,  and  R.  C.  Stotts, 
dated  August  14,  1901,  and  recorded  in  Book  15,  Page  116,  of  the 
records  of  Walker  County. 

147.  Deed  from  J.  J.  Davis,  dated  August  14,  1901,  and  recorded 
in  Book  15,  Page  112,  of  same  records. 

148.  Deed  from  Pattsy  P.  Shaver  and  Sarah  E.  Bowman,  dated 
August  14,  1901,  and  recorded  in  Book  15,  Page  114,  of  same  records. 

149.  Deed  from  D.  G.  Elder,  dated  November  15,  1901,  and  re- 
corded in  Book  15,  Page  171,  of  same  records. 

150.  Deed  from  Gordon  Lee  et  al.,  dated  November  20,  1901,  and 
recorded  in  Book  15,  Page  178,  of  same  records. 

151.  Deed  from  the  Board  of  Mayor  and  Aldermen  of  the  city  of 
Chickamauga,  dated  April  25,  1902,  and  recorded  in  Book  15,  Page 
439,  of  same  records. 

Lafayette  Extension  Road.  This  road  extends  from  Lee  and  Gor- 
don's Mill  to  the  Corporation  line. 

152.  Deed  from  Mrs.  T.  H.  Hunt,  dated  August  6,  1896,  and  re- 
corded in  Book  I,  Pages  681  and  682,  of  the  records  of  Catoosa 
County. 

153.  Deed  from  Harrison  Goree  and  J.  C.  Wardlaw,  dated  August 
2,  1897,  and  recorded  in  Book  13,  Page  93,  of  the  records  of  Walker 
County. 


GEORGIA.  73 

154.  Deed  from  J.  B.  Wheeler  Estate,  dated  August  5,  1897,  and 
recorded  in  Book  13,  Pages  100  and  101,  of  same  records. 

155.  Deed  from  Mrs.  Laura  G.  Snow,  dated  August  5,  1897,  and 
recorded  in  Book  13,  Page  73,  of  same  records. 

156.  Deed  from  S.  M.  Warthen,  administrator  etc.,  dated  August 
5,  1897,  and  recorded  in  Book  15,  Page  432,  of  same  records. 

157.  Deed  from  Benjamin  L.  Chastain  Sr.  and  W.  H.  Neely,  dated 
August  5,  1897,  and  recorded  in  Book  13,  Page  116,  of  same  records. 

158.  Deed  from  The  Joseph  Henderson  Estate,  dated  August  6, 
1897,  and  recorded  in  .Book  I,  Page  684,  of  the  records  of  Catoosa 
County. 

159.  Deed  from  Mary  A.  Jones,  dated  August  6,  1897,  and  recorded 
in  Book  12,  Page  322,  of  the  records  of  Walker  County. 

160.  Deed  from  Daniel  Bolton,  dated  August  6,  1897,  and  recorded 
in  Book  12,  Pages  326  and  327,  of  same  records. 

161.  Deed  from  Mrs.  L.  A.  Neyman,  dated  August  14,  1897,  and 
recorded  in  Book  13,  Page  63,  of  the  same  records. 

162.  Deed  from  Mrs.  E.  J.  Catlett,  dated  August  14,  1897,  and 
recorded  in  Book  13,  Page  64,  of  same  records. 

163.  Deed  from  William  Nave,  dated  August  14, 1897,  and  recorded 
in  Book  13,  Page  61,  of  same  records. 

164.  Deed  from  J.  F.  Catlett,  dated  August  14,  1897,  and  recorded 
in  Book  13,  Page  97,  of  same  records. 

165.  Deed  from  John  B.  Henderson,  dated  August  16,  1897,  and 
recorded  in  Book  I,  Pages  690  to  692,  of  the  records  of  Catoosa 
County. 

166.  Deed  from  Joel  J.  Jones,  dated  August  16,  1897,  and  recorded 
in  Book  12,  Pages  323  and  324,  of  the  records  of  Walker  County. 

167.  Deed  from  Absalom  N.  Reichard,  dated  August  16,  1897,  and 
recorded  in  Book  12,  Pages  328  and  329,  of  same  records. 

168.  Deed  from  A.  P.  Warrenfells,  dated  August  17,  1897,  and 
recorded  in  Book  13,  Page  70,  of  same  records. 

169.  Deed  from  John  R.  Tyner,  dated  August  18,  1897,  and  re- 
corded in  Book  13,  Page  55,  of  same  records. 

170.  Deed  from  John  R.  Tyner,  dated  August  18,  1897,  and  re- 
corded in  Book  13,  Page  59,  of  same  records. 

171.  Deed  from  D.  M.  Carroll,  dated  August  18,  1897,  and  recorded 
in  Book  13,  Page  57,  of  same  records. 

-  172.  Deed  from  J.  C.  Knox,  dated  August  18,  1897,  and  recorded 
in  Book  13,  Page  78,  of  same  records. 

173.  Deed  from  R.  O.  Rogers,  dated  August  18,  1897,  and  recorded 
in  Book  13,  Page  75,  of  same  records. 

174.  Deed  from  J.  M.  Shields  Jr.,  dated  August  19,  1897,  and 
recorded  in  Book  13,  Page  85,  of  same  records. 

175.  Deed  from  J.  W.  Keys,  dated  August  19,  1897,  and  recorded 
in  Book  13,  Page  58,  of  same  records. 

176.  Deed  from  William  Glass,  dated  August  19,  1897,  and  re- 
corded in  Book  13,  Page  62,  of  same  records. 

177.  Deed  from  William  Glass,  dated  August  19,  1897,  and  re- 
corded in  Book  13,  Page  88,  of  same  records. 

178.  Deed  from  John  R.  Tyner,  dated  August  20,  1897,  and  re- 
corded in  Book  13,  Page  80,  of  same  records. 

179.  Deed  from  William  Nave,  dated  August  20,  1897,  and  re- 
corded in  Book  13,  Page  81,  of  same  records. 


74  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

180.  Deed  from  Mrs.  S.  A.  Warthen,  dated  August  21,  1897,  and 
recorded  in  Book  13,  Page  76,  of  same  records. 

181.  Deed  from  Mrs.  S.  A.  Warthen,  dated  August  21,  1897,  and 
recorded  in  Book  13,  Page  92,  of  same  records. 

182.  Deed  from  Mrs.  Alice  A.  Deck,  dated  August  23,  1897,  and 
recorded  in  Book  12,  Page  330,  of  same  records. 

183.  Deed  from  Mrs.  Alice  A.  Deck,  dated  August  23,  1897,  and 
recorded  in  Book  12,  Page  332,  of  same  records. 

184.  Deed  from  Oliver  P.  Fonts,  dated  August  24,  1898,  and  re- 
corded in  Book  13,  Page  42,  of  same  records. 

185.  Deed  from  J.  T.  Warrenfells,  dated  August  24,  1897,  and  re- 
corded in  Book  13,  Page  69,  of  same  records. 

186.  Deed  from  D.  T.  Scoggins,  dated  August  25,  1897,  and  re- 
corded in  Book  13,  Page  95,  of  same  records. 

187.  Deed  from  the  J.  B.  Wheeler  Estate,  dated  August  25,  1897, 
and  recorded, in  Book  13,  Page  99,  of  same  records. 

188.  Deed  from  Willis  Jones  and  Rees  Jones,  agents  etc.,  dated 
August  28,  1897,  and  recorded  in  Book  13,  Page  53,  of  same  records. 

189.  Deed  from  Mary  A.  Jones,  dated  August  30,  1897,  and  re- 
corded in  Book  I,  Pages  687  and  688,  of  the  records  of  Catoosa 
County. 

190.  Deed   from   William   Ball,  dated  August   30,   1897,   and  re- 
corded in  Book  13,  Page  114,  of  the  records  of  Walker  County. 

191.  Deed  from  Joseph  Deck,  dated  September  2,  1897,  and  re- 
corded in  Book  13,  Page  49,  of  same  records. 

192.  Deed  from  Gordon  Lee  et  al.,  dated  September  20,  1897,  and 
recorded  in  Book  12,  Pages  319  to  321,  of  same  records. 

193.  Deed  from  C.  L.  Johnston,  dated  September  30,  1897,  and 
recorded  in  Book  13,  Page  77,  of  same  records. 

194.  Deed  from  R.  C.  Jones,  dated  October  12,  1897,  and  recorded 
in  Book  13,  Page  86,  same  records. 

195.  Deed  from  John  H.  Moreland,  dated  October  15,  1897,  and 
recorded  in  Book  13,  Page  90,  of  same  records. 

196.  Deed  from  R.  E.  Neely,  dated  October  15,  1897,  and  recorded 
in  Book  13,  Page  154,  of  same  records. 

197.  Deed  from  B.  F.  Neely,  dated  October  19,  1897,  and  recorded 
in  Book  13,  Page  153,  of  same  records. 

198.  Deed   from   T.    J.   Alsobrook,   dated   October  25,   1897,   and 
recorded  in  Book  14,  Page  395,  of  same  records. 

199.  Deed  from  J.  M.  Shields  Sr.,  dated  October  25,  1897,  and 
recorded  in  Book  13,  Page  47,  of  same  records. 

200.  Deed  from  W.  S.  Renfro,  dated  December  14,  1897,  and  re- 
corded in  Book  13,  Page  67,  of  same  records. 

201.  Deed  from  S.  A.  Rice,  dated  April  21,  1898,  and  recorded  in 
Book  13,  Page  45,  of  same  records. 

202.  Deed  from  J.  M.  Wellborn  Sr.,  dated  April  21,  1898,  and 
recorded  in  Book  13,  Page  83,  of  same  records. 

203.  Deed  from  Joseph  Deck,  dated  March  21,  1899,  and  recorded 
in  Book  13,  Page  50,  of  same  records. 

204.  Deed  from  Martha  Rogers,  dated  March  25,  1899,  and  re- 
corded in  Book  13,  Page  52,  of  same  records. 

205.  Deed  from  Andrew  E.  Rogers  Jr.,  dated  November  17,  1900, 
and  recorded  in  Book  14,  Page  389,  of  same  records. 


GEORGIA.  75 

206.  Deed  from  Daniel  Bolton,  Guardian  etc.,  dated  November  22, 
1900,  and  recorded  in  Book  14,  Page  390,  of  same  records. 

207.  Deed  from  Alfred  Jones,  dated  January  7,  1901,  and  recorded 
in  Book  14,  Page  388,  of  same  records. 

Mullis  and  McFarland  Gap  Road.  This  road  begins  at  Ihe  "  Mul- 
lis  Road  "  near  the  Mullis  House,  and  extends  to  a  junction  with 
the  "  Rossville-McFarland  Road  "  in  McFarland's  Gap. 

208.  Deed  from  John  Vails,  dated  June  18,  1903,  and  recorded  in 
Book  1C,  Page  369,  of  the  records  of  Walker  County. 

209.  Deed  from  Archer  Dailey,  dated  June  19,  1903,  and  recorded 
in  Book  16,  Page  372,  of  same  records. 

210.  Deed  from  James  R.  McFarland  et  al.,  dated  June  24,  1903, 
and  recorded  in  Book  16,  Page  382,  of  same  records. 

211.  Deed  from  James  R.  McFarland,  dated  June  24,  1903,  and 
recorded  in  Book  16,  Page  376,  of  same  records.  I 

212.  Deed  from  W.  C.  Ward,  dated  June  25,  1903,  and  recorded 
in  Book  16,  Page  372,  of  same  records. 

213.  Deed  from  W.  M.  Smith,  dated  June  25,  1903,  and  recorded 
in  Book  16,  Page  374,  of  same  records. 

214.  Deed  from  Caroline  Goodlet,  dated  July  8,  1903,  and  recorded 
in  Book  16,  Page  381,  of  same  records. 

215.  Deed  from  Mrs.  Alice  A.  Cooper  and  Mrs.  Mary  Murdock, 
dated  July  10,  1903,  and  recorded  in  Book  16,  Page  379,  of  same 
records. 

216.  Deed  from  Rose  Schneitman,  dated  July  13, 1903,  and  recorded 
in  Book  16,  Page  375,  of  same  records. 

217.  Deed  from  Harry  R.  McClelland  and  wife,  dated  October  7, 
1903,  and  recorded  in  Book  16,  Page  466,  of  same  records. 

Jays  Mill  Road,  at  its  junction  with  the  "  Ringgold  Road  "  at  the 
eastern  Park  boundary. 

218.  Deed   from   Jacob   R.   Peters,   dated  January   31,   1901,   and 
recorded  in  Book  J,  Pages  600  to  602,  of  the  records  of  Catoosa 
County. 

Alexanders  Bridge  Site.     For  abutment  and  approach. 

219.  Deed    from    James    C.    Gordon,    dated    June    12,    1897,   and 
recorded  in  Book  J,  Pages  154  and  155,  of  the  records  of  Catoosa 
County. 

Chickamauga-Vittetoe  Road.  This  road  extends  from  southern 
boundary  of  the  Park  to  and  through  Crittendon  Avenue  to  10th 
Street,  and  along  10th  Street  to  railroad  crossing. 

220.  Deed  from  the  Chickamauga  Coal  and  Iron  Company  and  the 
Estate  of  J.  M.  Lee,  dated  November  21,  1893,  and  recorded  in  Book 
13,  Pages  514  to  516,  of  the  records  of  Walker  County. 

La  Fayette  Road.  Deeds  for  land  for  the  purpose  of  widening 
road,  built  on  land  received  from  the  State  by  cession  of  its  rights, 
between  the  original  Park  boundary  at  Dixon's  and  the  Tennessee 
State  line  at  Rossville. 

221.  Deed  from  Evan  Williams  and  wife,  dated  March  19,  1901, 
and  recorded  in  Book  J,  Page  621,  of  the  records  of  Catoosa  County. 

222.  Deed  from  Mrs.  Martha  Harrison  and  Carrie  Harrison,  dated 
March  19, 1901,  and  recorded  in  Book  J,  Page  623,  of  same  records. 

223.  Deed  from  Fielding  Foster  and  wife,  dated  March  19,  1901, 
and  recorded  in  Book  J,  Page  620,  of  same  records. 


76  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

224.  Deed  from  J.  M.  Hinnard,  dated  March  19,  1901,  and  recorded 
in  Book  J,  Page  622,  of  same  records. 

225.  Deed  from  T.  F.  McFarland,  dated  March  20,  1901,  and  re- 
corded in  Book  14,  Page  494,  of  the  records  of  Walker  County. 

226.  Deed  from  W.  H.  Jones,  dated  March  22,  1901,  and  recorded 
in  Book  J,  Page  632,  of  the  records  of  Catoosa  County. 

227.  Deed  from  J.  K.  Jones,  Administrator  etc.,  dated  March  22, 
1901,  and  recorded  in  Book  J,  Page  624,  of  same  records. 

228.  Deed  from  J.  M.  McFarland,  dated  March  25,  1901,  and  re- 
corded in  Book  14,  Page  508,  of  the  records  of  Walker  County. 

229.  Deed  from  D.  D.  Shields  and  wife,  dated  August  22,  1902, 
and  recorded  in  Book  15,  Page  515,  of  same  records. 

230.  Deed  from  John  M.  McFarland,  dated  February  28,  1903,  and 
recorded  in  Book  16,  Page  116,  of  same  records. 

231.  Deed  from  James  Morrison  and  Mrs.  A.  E.  Morrison,  dated 
March  27,  1903,  and  recorded  in  Book  16,  Page  118,  of  same  records. 

232.  Deed  from  James  Morrison  and  wife,  dated  March  27,  1903, 
and  recorded  in  Book  16,  Page  121,  of  same  records. 

232-a.  Deed  from  C.  E.  Stevens,  dated  February   14,   1905;  re- 
corded in  Book  No.  17  of  Deeds,  on  page  392  of  same  records. 
Orchard  Knob  Street. 

233.  Deed  from  the  McCallie  Ave.  Land  and  Improvement  Com- 
pany, dated  June  1,  1895,  and  recorded  in  Book  Z,  Vol.  6,  Page  503 
et  seq.,  of  the  records  of  Hamilton  County. 

234.  Deed  from  W.  J.  Clift  et  al,  dated  August  23,  1895,  and  re- 
corded in  Book  Z,  Vol.  6,  Page  505  et  seq.,  of  same  records. 

235.  Resolution  of  Hamilton  County  Court,  October  10,  1895,  con- 
veying title  of  Orchard  Knob  Avenue  to  the  United  States. 

Crest  Road. — This  road  extends  along  Missionary  Ridge,  and  is 
one  of  the  approaches  to  the  Park. 

236.  Deed  from  D.  P.  Montague,  dated  April  9,  1893,  and  recorded 
in  Book  X,  Vol.  7,  Page  31  et  seq.,  of  the  records  of  Hamilton  County. 

237.  Deed  from  John  H.  Hogan  et  al.,  dated  September  29,  1893, 
and  recorded  in  Book  X,  Vol.  7,  Page  10  et  seq.,  of  same  records. 

238.  Deed  from  Samuel  T.  Dervers  et  al.,  dated  September  30, 
1893,  and  recorded  in  Book  X,  Vol.  7,  Page  5  et  seq.,  of  same  records. 

239.  Deed  from  John  H.  Hogan  et  al,  dated  September  30,  1893, 
and  recorded  in  Book  X,  Vol.  7,  Page  7  et  seq.,  of  same  records. 

240.  Deed  from  George  W.  Ochs  et  al.,  dated  September  30,  1893, 
and  recorded  in  Book  X,  Vol.  7,  Page  9  et  seq.,  of  same  records. 

241.  Deed  from  Charles  V.  Payne  et  al.,  dated  October  9,  1893, 
and  recorded  in  Book  X,  Vol.  7,  Page  11  et  seq.,  of  same  records. 

242.  Deed  from  R.  P.  Johnson  et  al.,  dated  October  10,  1893,  and 
recorded  in  Book  X,  Vol.  7,  Page  17  et  seq.,  of  same  records. 

243.  Deed  from  Ella  C.  French  et  al.,  dated  October  31,  1893,  and 
recorded  in  Book  X,  Vol.  7,  Page  15  et  seq.,  of  same  records. 

244.  Deed  from  S.  J.  Brundage,  dated  November  29,  1893,  and  re- 
corded in  Book  V,  Vol.  7,  Page  405  et  seq.,  of  same  records. 

245.  Deed  from  J.  E.  MacGowan  et  al.,  dated  December  11,  1893, 
and  recorded  in  Book  X,  Vol.  7,  Page  19  et  seq.,  of  same  records. 

246.  Deed  from  J.  R.  Bennett,  dated  December  19,  1893,  and  re- 
corded in  Book  X,  Vol.  7,  Page  22  et  seq.,  of  same  records. 

247.  Deed  from  J.  R.  Bennett,  dated  December  19,  1893,  and  re- 
corded in  Book  X,  Vol.  7,  Page  23  et  seq.,  of  same  records. 


GEORGIA.  77 

248.  Deed  from  F.  J.  Bennett,  dated  December  29,  1893,  and  re- 
corded in  Book  M,  Vol.  6,  Page  393  et  seq.,  of  same  records. 

249.  Deed  from  Ella  C.  French  et  al.,  dated  January  13,  1894,  and 
recorded  in  Book  X,  Vol.  7,  Page  13  et  seq.,  of  same  records. 

250.  Deed  from  F.  T.  Hardwick  et  al.,  dated  February  6,  1894,  and 
recorded  in  Book  X,  Vol.  7,  Page  32  et  seq.,  of  same  records. 

251.  Deed  from  J.  W.  Crouch  et  al.,  dated  February  8,  1894,  and 
recorded  in  Book  X,  Vol.  7,  Page  26  et  seq.,  of  same  records. 

252.  Deed  from  Ismar  Noa  et  al.,  dated  February  2G,  1894,  and 
recorded  in  Book  X,  Vol.  7,  Page  38  et  seq.,  of  same  records. 

253.  Deed  from  G.  W.  Martin  et  al.,  dated  February  26,  1894,  and 
recorded  in  Book  X,  Vol.  7,  Page  42  et  seq.,  of  same  records. 

254.  Deed  from  Geo.  Kivington  et  al.,  dated  February  26,  1894, 
and  recorded  in  Book  X,  Vol.  7,  Page  44  et  seq.,  of  same  records. 

255.  Deed  from  Cyrena  Newman  et  al.,  dated  February  26,  1894, 
and  recorded  in  Book  X,  Vol.  7,  Page  47  et  seq.,  of  same  records. 

256.  Deed  from  D.  Y.  Grieb,  dated  April  4,  1894,  and  recorded  in 
Book  X,  Vol.  7,  Page  30  et  seq.,  of  same  records. 

257.  Deed  from  W.  M.  Brown  et  al.,  dated  April  20,  1894,  and  re- 
corded in  Book  X,  Vol.  7,  Page  40  et  seq.,  of  same  records. 

258.  Deed  from  J.  T.  Hill  et  al.,  dated  April  21,  1894,  and  recorded 
in  Book  X,  Vol.  7,  Page  36  et  seq.,  of  same  records. 

259.  Deed  from  Katie  A.  Rice  et  al.,  dated  August  19,  1895,  and 
recorded  in  Book  14,  Page  496,  of  the  records  of  Walker  County. 

260.  Deed  from  the  Bragg  Hill  Land  Company,  dated  September 
13,  1899,  and  recorded  in  Book  V,  Vol.  6,  Page  133  et  seq.,  of  the 
records  of  Hamilton  County. 

261.  Deed  from  Joseph  H.  Rathburn,  dated  June  13,  1902,  and 
recorded  in  Book  H,  Vol.  7,  Page  180  et  seq.,  of  same  records. 

262.  Deed  from  Mrs.  A.  F.  Morrison  and  husband,  dated  March 
27, 1903,  and  recorded  in  Book  16,  Page  119,  of  the  records  of  Catoosa 
County. 

Gap  and  Crest  Road  ("Cut-off"). 

263.  Deed  from  Ida  M.  White,  dated  September  6,  1893,  and  re- 
corded in  Book  17,  Page  43,  of  the  records  of  Walker  County. 

264.  Deed  from  Henrietta  E.  Wormer,  dated  September  6,  1893, 
and  recorded  in  Book  17,  Page  46,  of  same  records. 

265.  Deed  from  Thomas  McKee,  dated  September  8,  1893,  and  re- 
corded in  Book  17,  Page  50,  of  same  records. 

266.  Deed  from  the  Heirs  of  Samuel  and  Martha  J.  Gregg,  dated 
September  11,  1893,  and  recorded  in  Book  17,  Page  48,  of  same 
records. 

Stevens  Gap,  by  way  of  Davis  Cross-Roads,  to  Crawfish  Springs : 

267.  Deed  from  Chickamauga  Land  Company,  dated  September  19, 
1907,  and  recorded  in  Book  20,  page  108,  of  same  records. 

268.  Deed  from  Robert  P.  and  James  S.  Burgess,  dated  September 
20,  1907,  and  recorded  in  Book  20,  page  110,  of  same  records. 

269.  Deed  from  J.  S.  Shropshire,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  112,  of  same  records. 

270.  Deed  from  Geo.  W.  Haslerig,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  114,  of  same  records. 

271.  Deed  from  Geo.  B.  Clements,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  116,  of  same  records. 


78  UNITED    STATES    MILITARY   RESERVATIONS,    ETC. 

272.  Deed  from  Julius  L.  Clements,  et  al.,  dated  September  20, 1907, 
and  recorded  in  Book  20,  page  118,  of  same  records. 

273.  Deed  from  Chas.  C.  Clements,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  120,  of  same  records. 

274.  Deed  from  Henry  A.  Blalock,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  102,  of  same  records. 

275.  Deed  from  R.  R.  Owings,  dated  September  19,  1907,  and  re- 
corded in  Book  20,  page  124,  of  same  records. 

276.  Deed  from  Chas.  H.  Glenn,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  128,  of  same  records. 

277.  Deed  from  David  T.  Harris,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  126,  of  same  records. 

278.  Deed  from  John  R.  Ransom,  dated  -  — ,  1907,  and  re- 
corded in  Book  20,  page  130,  of  same  records. 

279.  Deed  from  Win.  Carroll,  et  al.,  Trustees  "  Bethel  "  Baptist 
Church  Association,  dated  September  20,  1907,  and  recorded  in  Book 
20,  page  132,  of  same  records. 

280.  Deed  from  J.  L.  Brotherton,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  134,  of  same  records. 

281.  Deed  from  John  F.  Bonds,  et  al.,  Trustees  "  Cove  "  M.  E. 
Church,  South,  dated  September  20,  1907,  and  recorded  in  Book  20, 
page  136,  of  same  records. 

282.  Deed  from  Nelson  D.  Smith,  dated  November  11,  1907.  and 
recorded  in  Book  20,  page  99,  of  same  records. 

283.  Deed  from  E.  M.  Goodson,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  102,  of  same  records. 

284.  Deed   from  Thomas  Bonds,  dated   September  20,  1907,  and 
recorded  in  Book  20,  page  104,  of  same  records. 

285.  Deed  from  Lee  H.  Dyer,  et  al.,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  106,  of  same  records. 

286.  Deed  from  J.  W.  Lovinggood,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  71,  of  same  records. 

287.  Deed  from  Aries  Smith,  dated  September  20,  1907,  and  re- 
corded in  Book  20,  page  73,  of  same  records. 

288.  Deed  from  John  D.  Pitman,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  69,  of  same  records. 

289.  Deed  from  W.  H.  Martin,  et  al.,  dated  September  20, 1907.  and 
recorded  in  Book  20,  page  75,  of  same  records. 

290.  Deed  from  Elizabeth  Cumpton,  dated  September  20,  1907,  and 
recorded  in  Book  20,  page  77,  of  same  records. 

291.  Deed  from  Miles  C.  Bonds,  et  al.,  dated  September  20,  1907, 
and  recorded  in  Book  20,  page  79,  of  same  records. 

292.  Deed   from   Franklin  Harris,  Trustee,  dated   September  23, 
1907,  and  recorded  in  Book  20,  page  81,  of  same  records. 

293.  Deed  from  Franklin  M.  Shaw,  dated  September  30,  1907.  and 
recorded  in  Book  20,  page  83,  of  same  records. 

294.  Deed  from  James  W.  Lee,  et  al.,  dated  November  14,  1907,  and 
recorded  in  Book  20,  page  85,  of  same  records. 

295.  Deed  from  W.  P.  Lee,  dated  October  9,  1907,  and  recorded  in 
Book  20,  page  87,  of  same  records. 

296.  Deed  from  Chas.  E.  Buck,  dated  September  28,  1907.  and  re- 
corded in  Book  20,  page  90,  of  same  records. 

297.  Deed  from  W.  G.  Catlett,  et  al.,  dated  October  4,  1907,  and 
recorded  in  Book  20,  page  93,  of  same  records. 


GEORGIA.  79 

298.  Deed  from  J.  W.  Kirkes  et  ux.,  dated  October  12,  1907,  and 
recorded  in  Book  20,  page  95,  of  same  records. 

299.  Deed  from  Kobert  P.  Phillips,  dated  October  9,  1907,  and  re- 
corded in  Book  20,  page  97,  of  same  records. 

300.  Deed  from  W.  A.  Coulter,  et  al.,  dated  November  25,  1907,  and 
recorded  in  Book  20,  page  524,  of  same  records. 

301.  Condemnation  of  right  of  way  on  land  of  Pallie  Cook.     Pro- 
ceedings filed  June  16,  1908,  and  recorded  in  Book  20,  page  527. 

302.  Condemnation  by  Board  of  Roads  and  Revenues  of  Walker 
County  of  land  of  estate  of  J.  D.  Stephens,  deceased,  for  MacLemore 
Cove  Road,  September  7,  1909,  recorded  in  Book  22,  page  108,  of 
the  deed  records  of  Walker  County ;  and  deed  from  N.  E.  Stephens, 
et  al,  heirs  of  J.  D.  Stephens,  conveying  same  premises.     Recorded 
in  Book  22,  page  92  of  same  records. 

Jurisdiction  over  that  part  of  the  Park  and  the  roads  situated  in 
the  State  of  Georgia  was  ceded  by  Acts  of  the  State  Legislature 
approved  November  19,  1890,  December  9,  1893,  and  December  3, 
1895.  These  acts  provide  as  follows: 

"  SECTION  I.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State 
is  hereby  ceded  to  the  United  States  of  America  over  all  such  lands 
and  roads  as  are  described  and  referred  to  in  the  foregoing  preamble 
to  this  act,  which  lie  within  the  territorial  limits  of  this  State,  for 
the  purposes  of  a  National  Park,  or  so  much  thereof  as  the  National 
Congress  may  deem  best:  Provided,  That  this  cession  is  upon  the 
express  condition  that  the  State  of  Georgia  shall  so  far  retain  a  con- 
current jurisdiction  with  the  United  States  over  said  lands  and  roads 
as  that  all  civil  and  criminal  process  issued  under  the  authority  of 
this  State  may  be  executed  thereon  in  like  manner  as  if  this  act  had 
not  been  passed;  and  upon  the  further  express  conditions  that  the 
State  shall  retain  its  civil  and  criminal  jurisdiction  over  persons  and 
citizens  in  said  ceded  territory  as  over  other  persons  and  citizens  in 
this  State,  and  the  property  of  said  citizens  and  residents  thereon, 
except  lands  and  such  other  property  as  the  General  Government 
may  desire  for  its  use;  and  that  the  property  belonging  to  persons 
residing  within  said  ceded  territory  shall  be  liable  to  State  and 
county  taxes,  the  same  as  if  they  resided  elsewhere,  and  that  citizens 
of  this  State  in  said  ceded  territory  shall  retain  all  rights  of  State 
suffrage  and  citizenship:  Provided,  further,  That  nothing  herein 
contained  shall  interfere  with  the  jurisdiction  of  the  United  States 
over  any  matter  or  subjects  set  out  in  the  act  of  Congress  establish- 
ing said  National  Park,  approved  August  nineteenth,  eighteen  hun- 
dred and  ninety,  or  with  any  laws,  rules,  or  regulations  that  Con- 
gress may  hereafter  adopt  for  the  preservation  and  protection  of  its 
property  and  rights  in  said  ceded  territory  and  the  proper  mainte- 
nance of  good  order  therein:  Prorided,  further,  That  this  cession 
shall  not  take  effect  until  the  United  States  shall  have  acquired  title 
to  said  lands."  (Act  of  November  19,  1890.  Laws  of  Georgia,  1890, 
p.  3.) 

"  SECTION  1.  Be  it  enacted,  etc.,  That  from  and  immediately  after 
the  passage  of  this  act  the  jurisdiction  of  the  State  of  Georgia  is 
ceded  to  the  United*  States  of  America  over  a  strip  of  fifty  feet  in 
width  beginning  at  or  within  the  corporate  limits  of  the  town  of 
Chickamauga  and  running  northwardly  and  east  of  the  railway 
known  as  Chattanooga,  Rome  and  Columbus  Railroad,  on  such  route 


80  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

as  now  or  may  hereafter  be  located  and  adopted  by  the  said  United 
States  of  America,  to  the  Chickamauga  and  Chattanooga  National 
Park  boundary;  also  over  another  strip  of  land  fifty  feet  wide, 
beginning  on  the  Lafayette  and  Rossville  public  road  at  east  end  of 
the  Rossville  Gap,  in  Missionary  Ridge,  and  running  to  a  point  on 
the  Missionary  Ridge  Crest  road  near  the  crossing  of  that  road  by 
the  boundary  line  between  Georgia  and  Tennessee,  on  such  route  as 
now  or  may  hereafter  be  located  and  adopted  by  the  said  United 
States  of  America,  for  the  purpose  of  constructing  and  maintaining 
public  roads  thereon:  Provided,  That  concurrent  jurisdiction  is 
retained  by  the  State  of  Georgia  on  said  ceded  lands  for  the  purpose 
of  the  administration  of  the  criminal  and  civil  laws  of  the  State  of 
Georgia  and  for  the  purpose  of  the  execution  of  civil  and  criminal 
process  of  its  courts:  Provided,  further ',  That  this  cession  shall  not 
take  effect  until  the  United  States  shall  have  acquired  right  of  way 
for  said  purposes."  (Act  of  December  9,  1893.  Georgia  Laws,  1893, 
p.  110.) 

"  SECTION  I.  Be  it  therefore  hereby  enacted,  etc.,  That  on  and  after 
the  passage  of  this  act  the  jurisdiction  of  this  State  is  hereby  ceded  to 
the  United  States  of  America  over  all  such  tracts  of  land  as  are  de- 
scribed in  the  foregoing  preamble  (and  any  other  tract  or  tracts  which 
may  be  acquired  by  the  United  States  of  America  in  the  said  counties 
of  Walker  and  Catoosa,  in  said  State  of  Georgia,,  for  park  purposes) 
whenever  title  thereto  shall  have  been  acquired  by  the  United  States. 

"  SEC.  II.  Be  it  further  hereby  enacted,  etc.,  That  the  jurisdiction 
of  this  State  is  hereby  ceded  to  the  United  States  of  America  over  the 
following-described  public  roads,  approaches  to  said  National  Park, 
to  wit:  The  road  leading  from  Chickamauga,  Georgia,  by  way  of 
Pond  Spring  Post-office  and  Gower's  Ford  to  the  Davis  Cross  Roads ; 
also  the  road  leading  from  Lee  and  Gordon's  Mill,  by  way  of  Rock 
Springs  Post-office,  to  the  court-house  in  the  town  of  Lafayette, 
Georgia;  also  the  road  from  Glass'  Mill  to  the  Lafayette  and  Lee  and 
Gordon's  Mill  road,  intersecting  the  said  Lafayette  road  near  the 
present  home  place  of  J.  J.  Jones — all  of  said  roads  as  now  located  : 
Provided,  That  this  cession  contained  in  this  and  the  preceding  sec- 
tion is  upon  the  expressed  condition  that  the  State  of  Georgia  shall  so 
far  retain  a  concurrent  jurisdiction  with  the  United  States  over  said 
lands  and  roads  as  that  all  civil  and  criminal  process,  issued  under  the 
authority  of  this  State  may  be  executed  thereon  in  like  manner  as  if 
this  act  had  not  been  passed,  and  upon  the  further  expressed  condition 
that  the  State  shall  retain  a  civil  and  criminal  jurisdiction  over  per- 
sons and  citizens  in  said  ceded  territory  as  over  other  persons  and 
citizens  of  said  State,  and  the  property  of  said  citizens  and  residents 
thereon,  except  lands  and  such  other  property  as  the  General  Gov- 
ernment may  desire  for  its  use,  and  that  the  property  belonging  to 
persons  residing  in  said  ceded  territory  shall  be  liable  to  State  and 
county  taxes  the  same  as  if  they  resided  elsewhere  in  said  State,  and 
that  citizens  of  said  State  in  said  ceded  territory  shall  retain  all 
rights  of  State  suffrage  and  citizenship:  Provided  further,  That 
nothing  herein  contained  shall  interfere  with  the  jurisdiction  of  the 
United  States  over  any  matter  or  subjects  set  out  in  the  acts  of  Con- 
gress establishing  said  National  Park,  approved  August  nineteenth, 
eighteen  hundred  and  ninety,  or  with  any  law,  rules,  or  regulations 
that  Congress  may  hereafter  adopt  for  the  preservation  or  protection 


GEORGIA.  81 

of  its  property  and  rights  in  said  ceded  territory  and  the  proper 
maintenance  of  good  order  therein :  Provided  further,  That  the  cession 
shall  not  take  effect  until  the  United  States  shall,  in  the  case  of  lands, 
have  acquired  titles  thereto,  and  in  the  case  of  roads,  provided  for 
their  improvement,  and  shall  have  filed  a  plat  or  map  of  the  property 
so  acquired  in  the  office  of  the  secretary  of  state."  (Act  of  December 
3,  1895.  Georgia  Laws,  1895,  p.  77.) 

Jurisdiction  over  that  portion  of  the  National  Park  and  the  roads 
situated  in  the  State  of  Tennessee  was  ceded  by  the  following  Acts  of 
the  Legislature  of  said  State,  approved  January  30,  1891,  .and  Janu- 
ary 24,  1895,  which  provides  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State 
is  hereby  ceded  to  the  United  States  of  America  over  all  such  roads 
as  are  described  and  referred  to  in  the  foregoing  preamble  to  this  act 
which  lie  within  the  territorial  limits  of  this  State,  for  the  purposes 
of  a  National  Park,  or  so  much  thereof  as  the  National  Congress  may 
deem  best :  Provided,  That  this  cession  is  upon  the  express  condition 
that  the  State  of  Tennessee  shall  so  far  retain  a  concurrent  jurisdic- 
tion with  the  United  States  over  said  roads  as  that  all  civil  and 
criminal  process  issued  under  the  authority  of  this  State  may  be 
executed  thereon  in  like  manner  as  if  this  act  had  not  been  passed: 
Provided  further,  That  nothing  herein  contained  shall  interfere  with 
the  jurisdiction  of  the  United  States  over  any  matter  or  subjects  set 
out  in  the  act  of  Congress  establishing  said  National  Park,  approved 
August  nineteenth,  eighteen  hundred  and  ninety,  or  with  any  laws, 
rules,  or  regulations  that  Congress  may  hereafter  adopt  for  the  pres- 
ervation and  protection  of  its  property  and  rights  on  said  ceded  roads 
and  the  proper  maintenance  of  good  order  thereon."  (Act  of  Janu- 
ary 30,  1891.  Acts  of  Tennessee,  1891,  p.  50.) 

"  SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of 
Tennessee,  That  the  jurisdiction  of  this  State  is  hereby  ceded  to  the 
United  States  of  America  over  all  such  tracts  of  land  as  have  been 
acquired  by  the  United  States  for  the  purpose  named,  and  over  such 
similar  tracts  of  land  as  may  be  acquired  in  said  Hamilton  County 
for  park  purposes,  whenever  the  title  thereto  shall  have  been  acquired 
by  the  United  States. 

"Provided,  That  this  cession  is  upon  the  express  condition  that  the 
State  of  Tennessee  shall  so  far  retain  a  concurrent  jurisdiction  with 
the  United  States  over  said  lands  and  roads  as  that  all  civil  and 
criminal  process  issued  under  the  authority  of  the  State  may  be 
executed  thereon  in  like  manner  as  if  this  act  had  not  been  passed. 

"Provided  further,  That  nothing  herein  contained  shall  interfere 
with  the  jurisdiction  of  the  United  States  over  any  matters  or  sub- 
jects set  out  in  the  act  of  Congress  establishing  said  National  Park, 
approved  August  nineteenth,  eighteen  hundred  and  ninety,  or  with 
any  laws,  rules,  or  regulations  that  Congress  may  hereafter  adopt  for 
the  preservation  and  protection  of  its  property  and  rights  on  said 
lands  and  roads  and  the  proper  maintenance  thereof. 

"Provided  further,  That  this  cession  shall  not  take  effect  until  the 
United  States  shall  have  acquired  title  to  said  lands  and  roads." 
(Act  of  January  24,  1895.  Acts  of  Tennessee,  1895,  p.  5.) 

See  also  act  approved  April  15,  1899,  which  enlarges  and  extends 
the  provisions  of  above  act.  (Acts  of  Tennessee,  1899,  p.  576.) 

10809—10 6 


82  UNITED    STATES    MILITAKY   RESERVATIONS,   ETC. 

Revocable  Licenses:  License,  April  7,  1903,  to  the  Central  of  Geor- 
gia Railway  Company  to  connect  its  tracks  at  the  boundary  of  the 
reservation  with,  and  to  operate  its  cars  over,  the  government  tracks 
within  the  reservation. 

License,  April  7,  1903,  to  the  Rapid  Transit  Company  of  Chatta- 
nooga to  connect  its  tracks  at  the  boundary  of  the  reservation  with, 
and  to  operate  its  cars  over,  the  government  tracks  within  the  reser- 
vation. 

License,  November  15,  1904,  to  the  Rapid  Transit  Company  of 
Chattanooga  to  place  poles  and  wires  over  Government  spur  track 
and  for  waiting  room  partly  on  the  reservation. 

License,  November  30,  1909,  to  City  Water  Company  for  water 
main  on  Crest  Road. 

FORT   McPHERSON. 

This  reservation  contains  236.64  acres  and  is  bounded  as  described 
in  G.  O.  No.  Ill,  War  Dept.,  June  18,  1906.  It  is  situated  south  of 
and  4  miles  from  the  center  of  the  city  of  Atlanta  in  Fulton  County. 
The  title  is  as  follows: 

1.  Deed  from  Lucy  S.  Beard,  dated  September  9,  1885,  conveying 
15  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
Z  Z,  page  212,  of  the  deed  records  of  Fulton  County. 

2.  Deed  from  Flavins  J.  Bomar,  dated  September  9,  1885,  convey- 
ing 26.17  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  Z  Z,  page  216,  of  same  records. 

3.  Deed  from  Mary  S.  Connally,  dated  September  9,  1885,  convey- 
ing 24.61  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court, 
Book  Z  Z,  page  215,  of  same  records. 

4.  Deed  from  Elizabeth  S.  Silvey,  dated  September  9,  1885,  con- 
veying 25.76  acres,  recorded  in  the  Clerk's  Office  of  the  Superior 
Court,  Book  Z  Z,  page  214,  of  same  records. 

5.  Deed  from  Annie  M.  Smith,  dated  September  9,  1885,  conveying 
48.55  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
Z  Z,  page  213,  of  same  records. 

6.  Deed  from  Lemuel  P.  Grant,  dated  August  18,  1885,  conveying 
23.70  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
C  3,  page  103,  of  same  records. 

7.  Deed  from  Aquilla  J.  Cheney,  dated  August  20,  1886,  conveying 
24.94  acres  and  a  small  triangular  piece   containing  about   11,040 
square  feet,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  in 
Book  C  3,  page  101,  of  same  records. 

8.  Deed  from  Ada  L.  Moore,  dated  August  23,  1886,  conveying 
23.87  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
C  3,  page  102,  of  same  records. 

9.  Deed  from  Mrs.  C.  C.  Niles,  dated  August  23,  1886,  conveying 
23.55  acres,  recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book 
C  3,  page  104,  of  same  records. 

10.  Deed  from  Mary  S.  Connally,  dated  September  10,  1886,  con- 
veying 10,200  square  feet,  recorded  in  the  Clerk's  Office  of  the  Supe- 
rior Court,  Book  C  3,  page  100,  of  same  records. 

Easement:  Right  of  way  to  Commissioners  of  Fulton  County  for 
road  along  eastern  boundary  granted  by  deed  of  Secretary  of  War, 
dated  March  21,  1909,  under  act  of  February  25,  1909.  (Public— No. 
276.) 


GEORGIA.  83 

Revocable  License:  License,  March  11, 1909,  to  Southern  Bell  Tele- 
phone Co.  for  private  telephone  service. 

Jurisdiction  over  this  reservation  was  ceded  to  the  United  States 
by  act  of  the  State  Legislature,  approved  September  14,  1885,  as* 
amended  by  act  approved  November  19,  1886.  The  act  as  amended 
provides  as  follows : 

"  Whereas  a  bill  has  passed  the  House  of  Representatives  in  the 
Congress  of  the  United  States  providing  for  the  establishment  of  a  ' 
military  post  near  the  city  of  Atlanta,  in  the  county  of  Fulton,  in 
said  State,  which  may  become  a  law  before  the  next  meeting  of  the 
General  Assembly  of  this  State;  and  whereas,  it  is  needful  that  this 
State  shall  cede  to  the  Government  of  the  United  States  jurisdiction 
over  such  lands  as  may  be  acquired  for  the  purpose  mentioned: 
therefore, 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State 
is  hereby  ceded  to  the  Government  of  the  United  States  over  any 
lands,  not  exceeding  two  hundred  and  fifty  acres,  to  which  it  may 
acquire  title  near  the  city  of  Atlanta,  in  said  county  of  Fulton  or 
county  of  De  Kalb,  for  the  purpose  mentioned  in  the  preamble  of 
this  Act,  so  long  as  said  land  may  be  used  for  said  purpose :  Provided, 
always,  That  the  said  transfer  of  jurisdiction  is  to  be  made  and 
granted  as  aforesaid  upon  the  express  condition  that  this  State  shall 
retain  a  concurrent  jurisdiction  with  the  United  States  in  and  over 
the  land  or  lands  so  to  be  transferred,  and  every  portion  thereof  so 
far  that  all  process,  civil  or  criminal,  issuing  under  authority  of  this 
State  or  any  of  the  courts  or  judicial  officers  thereof  upon  any  person 
or  persons  amenable  to  the  same,  within  the  limits  and  extent  of  the 
land  or  lands  so  ceded  in  like  manner  and  to  like  effect,  as  if  this  Act 
had  never  been  passed,  saving,  however,  to  the  United  States  security 
to  their  property  within  the  limits  of  said  lands."  (Georgia  Laws, 
1885,  p.  120,  and  1886,  p.  37.) 

FORT   McPHERSON    RIFLE    RANGE. 

This  reservation  contains  about  1,271  acres,  and  is  situated  in  Car- 
roll and  Haralson  Counties,  near  Bremen. 

The  title  was  acquired  by  Deed  from  J.  P.  Boatright  and  R.  H. 
Parker,  dated  January  13,  1896,  conveying  1,271  acres  reserving  a 
burial  lot  in  the  Northeast  Corner  of  tract  containing  6,400  square 
feet.  Recorded  in  the  Clerk's  Office  of  the  Superior  Court,  Book  Z, 
page  82,  of  the  deed  records  of  Carroll  County. 

MARIETTA   NATIONAL   CEMETERY. 

This  reservation  contains  a  total  area  of  about  24  acres  and  is  situ- 
ated near  the  city  of  Marietta,  in  Cobb  County.  The  title  is  as 
follows : 

Deed  from  Henry  G.  Cole  and  wife,  dated  July  31,  1866,  conveying 
20.01  acres  recorded  in  the  Clerk's  Office  of  the  Superior  Court  in 
Deed  Book  A,  pages  574  and  575,  of  the  Deed  Records  of  Cobb 
County. 

Deed  from  Henry  G.  Cole  and  wife,  dated  September  23,  1867,  con- 
veving  four  and  eleven-twentieths  acres  additional  lands,  recorded  in 
Clerk's  Office  of  Superior  Court  in  Deed  Book  A,  pages  389  and  390, 
of  same  records, 


84  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Deed  of  relinquishment  from  Sarah  M.  Black,  dated  January  25, 
1870,  relinquishing  interest  in  above  four  and  eleven-twentieths  acres 
recorded  in  Clerk's  Office  of  Superior  Court  Deed  Book  B,  pages  542 
to  544,  of  same  records. 

For  jurisdiction  see  Anderson ville  National  Cemetery. 

MILITIA    TARGET   RANGE. 

This  range  is  located  on  the  Ogeechee  River,  in  Chatham  County, 
near  Savannah ;  and  comprises  an  area  of  about  112  acres.  The  title 
is  as  follows: 

Deed  from  Raiford  Falligant  and  Robert  J.  Travis,  as  executors 
and  trustees,  etc.,  Rosa  O.  Falligant,  and  Louis  A.  Falligant,  dated 
July  6,  1909,  conveying  112  acres,  part  of  the  "  Rose  Dew  Planta- 
tion." Recorded  in  Deed  Book  10  C,  folio  337,  of  the  Deed  Records 
of  Chatham  County. 

FORT  OGLETHORPE. 

By  G.  O.  10,  War  Department,  January  24, 1905,  the  reservation  on 
the  Savannah  River,  near  Savannah,  Ga.,  formerly  known  as  Fort 
Oglethorpe,  being  no  longer  of  use  for  purposes  of  defense,  was  placed 
under  the  supervision  of  the  Engineer  Department,  and  its  official 
designation  as  Fort  Oglethorpe  was  discontinued. 

The  name  Fort  Oglethorpe  was  given  to  the  new  post  at  Cloud 
Springs,  Chickamauga  Park,  Ga.,  by  G.  O.  194,  War  Department, 
December  27,  1904;  and  the  following  data  relate  to  the  reservation 
for  that  post: 

The  reservation  consists,  approximately,  of  807.24  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  No.  196,  War  Department,  No- 
vember 28,  1906.  It  is  situated  in  Catoosa  and  Walker  counties, 
within  the  limits  of  the  Chickamauga  and  Chattanooga  National 
Park  as  authorized  by  act  of  Congress  of  August  19,  1890  (26  Stat. 
L.,  333).  The  lands  were  acquired  for  the  enlargement  of  the 
Park,  with  a  view  to  their  use  as  a  military  reservation.  See  G.  O. 
No.  196,  W.  D.,  November  28,  1906,  announcing  metes  and  bounds  of 
the  reservation. 

For  title,  see  80a  to  80p,  both  inclusive,  under  Chickamauga  and 
Chattanooga  National  Park,  pages  67,  68,  ante. 

For  jurisdiction,  see  acts  of  the  Legislature  of  Georgia  of  Novem- 
ber 19,  1890,  and  December  3,  1895,  pages  79,  80,  ante. 

Revocable  Licenses:  License,  April  28,  1905,  to  Mr.  S.  W.  Divine  of 
Chattanooga,  Tenn.,  for  electric  railway,  connecting  with  Govern- 
ment spur  track. 

License,  March  2, 1907,  to  Southern  Bell  Tel.  Co.  for  telephone  line. 

License,  Feb.  15,  1909,  to  S.  W.  Divine,  for  electric  railway. 

Revocable  Lease:  September  26,  1905,  to  Central  of  Georgia  Rail- 
way of  the  spur  railway  track  belonging  to  the  United  States,  and 
of  parcel  of  ground  for  railroad  depot. 

FORT   OGLETHORPE    TARGET   RANGE. 

This  reservation  contains  about  1,174.5  acres,  and  comprises  all  of 
land  lots  124,  128,  129,  160,  and  165,  and  parts  of  land  lots  92,  93, 
125,  196,  and  197,  located  in  the  third  section,  twenty-eighth  district 
of  Catoosa  County,  Georgia. 


GEORGIA.  85 

The  title  is  as  follows: 

1.  Deed  from  William  M.  Fain,  dated  August  30,  1906,  conveying 
about  524  acres;  recorded  in  Book  L,  page  275,  of  the  records  of 
Catoosa  County. 

2.  Deed  from  Fannie  A.  Harris,  dated  August  31,  1906,  conveying 
about  440.5  acres;  recorded  in  Book  L,  page  274,  of  same  records. 

3.  Deed  from  Benjamin  F.  Harris,  dated  January  25, 1907,  convey- 
ing about  210  acres;  recorded  in  Book  L,  page  319,  of  same  records. 

Addition  of  about  724  acres  authorized  by  Sundry  Civil  Acts  of 
May  27,  1908.  and  March  4,  1909. 

POINT  PETER. 

This  reservation  contains  about  720  acres  and  is  situated  at  the 
mouth  of  St.  Marys  River  in  Camden  County.  The  title  was  ac- 
quired as  follows : 

Deed  from  Samuel  Breck,  surviving  Executor,  etc.,  dated  Janu- 
ary 10,  1818,  conveying  720  acres,  recorded  in  Clerk's  Office  of  the 
Superior  Court  in  Deed  Book  S,  folios  509-511,  of  the  deed  records 
of  Camden  County. 

Jurisdiction,  if  acquired,  rests  on  the  act  of  December  22,  1808, 
given  under  "  General  Act  of  Cession." 

But  see  appendix,  page  468  post. 

FORT  PULASKI. 

This  reservation  contains  about  150  acres  and  is  situated  14  miles 
from  Savannah  on  Cockspur  Island.  The  title  is  as  follows: 

1.  Deed  from  Alex.  Telfair  et  al.,  dated  March  15,  1830,  conveying 
about  130  acres  of  Cockspur  Island,  recorded  in  the  Clerk's  Office  of 
Superior  Court  in  Book  22,  folios  82  to  85,  of  the  deed  records  of 
Chatham  County,  (the  20  acres  being  reserved  for  public  purposes). 

2.  By  Acts  of  the  State  Legislature,  approved  December  30.  1820, 
and  December  27,  1845,  title  and  jurisdiction  over  the  said  reserve 
of  20  acres  were  ceded  to  the  United  States,  in  terms  as  follows : 

"  Whatever  right  title  or  interest  the  State  of  Georgia  may  have  in 
or  to  the  sites  or  parcels  of  ground,  or  any  of  them  whereon  the 
United  States  of  America  have  placed  or  erected  beacons,  or  beacon 
lights,  on  Tybee  Island,  on  Cockspur  Island,  on  the  Oyster  Bank 
opposite  said  Cockspur  Island,  on  the  White  Oyster  Bank,  likewise 
opposite  the  same,  on  Long  Island  and  on  Elba  Island  in  the  Savan- 
nah River  and  likewise  the  jurisdiction  to  and  over  the  same  be  and 
the  same  are  hereby  ceded  to  and  vested  in  the  said  United  States  of 
America."  (Act  of  Dec.  30,  1820,  Sec.  19,  Prince's  Digest,  p.  155.) 

See  also  "General  Act  of  Cession,"  ante. 

"  Whereas,  in  and  by  an  act  of  the  General  Assembly  of  this  State, 
passed  on  the  second  day  of  December,  eighteen  hundred  and  eight, 
the  jurisdiction  over  all  the  lands  the  United  States  of  America  had 
before  that  day  purchased  and  acquired,  and  which  they  might  there- 
after purchase  and  acquire,  for  the  purpose  of  erecting  forts  or  for- 
tifications in  this  State,  was  ceded  by  this  State  to  the  United  States; 
and  whereas,  the  United  States  have,  by  deed,  on  the  fifteenth  day  of 
March,  eighteen  hundred  and  thirty,  purchased  and  acquired  from 
Alexander  Telfair  and  sisters,  the  whole  Island  aforesaid,  (Cockspur 


86  UNITED   STATES   MILITARY  RESERVATIONS,  ETC.      ' 

Island)  with  the  exception  of  twenty  acres,  which  by  the  said  deed, 
and  by  many  others  of  anterior  date,  from  various  grantors,  had  been 
reserved  for  the  public  use ;  and  whereas,  the  said  United  States  have 
erected  on  the  said  Island,  for  the  defence  of  the  city  and  harbor  of 
Savannah,  a  fort,  known  as  Fort  Pulaski,  and  the  whole  island  being 
considered  necessary  for  the  accommodation  of  said  fort,  and  the  said 
reserve  being  of  inconsiderable  importance : 

"  SECTION  1.  Be  it  therefore  enacted,  etc.,  That  the  right,  title  and 
interest  of  the  State  of  Georgia,  and  also  the  jurisdiction  of  said 
State,  in,  to  and  over  the  said  reserve  of  twenty  acres,  on  Cockspur 
Island,  be  and  the  same  are  hereby  ceded  and  surrendered  to  the 
United  States  of  America,  Provided,  nevertheless,  That  if  at  any  time 
the  said  United  States  of  Amerca  shall  cease  to  occupy  the  said 
Island,  for  the  purpose  of  fortification,  this  act  shall  immediately 
thereafter  become  null  and  void,  and  the  said  reserve  shall  return  to, 
and  be  reinvested  in  the  State  of  Georgia  for  the  use  of  the  public." 
(Act  of  Dec.  27,  1845.) 

See,  also  Act  of  Dec.  22,  1808,  under  "  General  Act  of  Cession," 
ante,  referred  to  in  Act  of  Dec.  27, 1845,  as  giving  jurisdiction  over  the 
purchase  of  130  acres  from  "  Alexander  Telfair  and  sisters."  The 
reference  to  the  Act  as  passed  December  2,  1808,  appears  to  be  erro- 
neous, as  it  was  approved  December  22,  1808. 

Revocable  Licenses:  License,  March  24,  1881,  to  the  Board  of  Sani- 
tary Commissioners  of  the  city  of  Savanah  to  construct  a  telephone 
line  across  Cockspur  Island  to  connect  the  quarantine  station  on  the 
Oyster  Bed  with  the  office  of  the  Board. 

License,  May  8,  1889,  to  the  city  of  Savannah  to  occupy  and  use 
for  quarantine  purposes  a  portion  of  the  northwestern  end  of  Cock- 
spur  Island. 

FORT    SCREVEN. 

This  reservation  comprises  a  main  reservation  of  about  297  acres 
with  metes  and  bounds  as  described  in  G.  O.  No.  182,  W.  D.,  Septem- 
ber 7,  1909,  and  certain  lots  on  the  sea  front  in  the  town  of  Tybee, 
containing  3.78  acres,  acquired  for  range  finding  stations.  The  reser- 
vation is  situated  on  Tybee  Island  at  the  mouth  of  the  Savannah 
River,  about  17  miles  from  the  city  of  Savannah,  in  Chatham  County. 
The  title  is  as  follows : 

1.  Deed  from  John  Screven  at  al.,  dated  May  21,  1875,  conveying 
210  acres  exclusive  of  the  6  acres  used  for  Light-House  purposes. 
Recorded  in  the  Clerk's  Office  of  the  Superior  Court  in  Deed  Book 
R  R  R  R,  folio  390,  of  the  deed  records  of  Chatham  County. 

2.  Deed  from  the  Tybee  Beach  Company,  dated  June  12,  1899, 
conveying  Lots  145  to  147.     Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  A,  folio  399,  of  same  records. 

3.  Deed  from  the  Tybee  Beach  Company,  dated  August  — ,  1901, 
conveying  a  tract  of  land  therein  described.     Recorded  in  Clerk's 
Office  of  Superior  Court  in  Deed  Book  8K,  folio  185,  of  same  records. 

4.  Deed  from  Charles  H.  Madison,  dated  August  16,  1901,  convey- 
ing Lots  100,  101,  102,  103,  104,  105,  107  and  western  half  of  Lot  106. 
Recorded  in  Clerk's  Office  of  Superior  Court  in  Deed  Book  8K  folio 
179,  of  same  records. 


GEORGIA.  87 

5.  Deed  from  John  G.  Butler,  dated  August  17,  1901,  conveying 
Lots  72,  73,  78,  79,  88,  91,  92,  93,  94,  96,  99  and  114.     Recorded  in 
Clerk's  Office  of  Superior  Court  in  Deed  Book  8K,  folio  174,  of 
same   records. 

6.  Deed  from  Francis  E.  Rocca,  dated  August  17,  1901,  conveying 
Lots  85  and  109.     Recorded  in  Clerk's  Office  of  Superior  Court  in 
Deed  Book  8K,  folio  182,  of  same  records. 

7.  Deed  from  James  J.  Joyce,  dated  August  17,  1901,  conveying 
Lots  80,  81,  82,  83  and  84.     Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  K,  folio  176,  of  same  records. 

8.  Deed  from  Henry  Solomon,  dated  August  17,  1901,  conveying 
Lot  75.     Recorded  in  Clerk's  Office  of  Superior  Court  in  Deed  Book 
8  K,  folio  184,  of  same  records. 

9.  Deed  from  Ellen  Wall,  dated  August  19,  1901,  conveying  Lot 
89.     Recorded  in  Clerk's  Office  of  Superior  Court  in  Deed  Book 
8  K,  folio  189,  of  same  records. 

10.  Deed   from  Robert  W.  McLaughlin,  dated  August  19,  1901, 
conveying  Lots  74  and  110.     Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  K,  folio  188,  of  same  records. 

11.  Deed  from  William  J.  Moore,  dated  August  20,  1901,  convey- 
ing the  eastern  half  of  Lot  106.      Recorded   in   Clerk's   Office  of 
Superior  Court  in  Deed  Book  8  K,  folio  180,  of  same  records. 

12.  Deed  from  Carrie  L.  Lodge,  dated  August  20,  1901,  conveying 
Lots  76  and  77.     Recorded  in  Clerk's  Office  of  Superior  Court  in 
Deed  Book  8  K,  folio  178,  of  same  records. 

13.  Deed  from  Robert  Hunter,  dated  August  20,  1901,  conveying 
Lots  95,  96,  97,  98  and  99.     Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  K,  folio  175,  of  same  records. 

14.  Deed  from  Henry  W.  Bond  and  wife,  dated  August  20,  1901, 
conveying  Lots  112  and  113.     Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  K,  folio  172,  of  same  records. 

15.  Deed  from  James  M.  Noble,  dated  August  20,  1901,  convey- 
ing Lots  86,  87  and  90.      Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  K,  folio  181,  of  same  records. 

16.  Deed   from   John   Byers,  dated   August   29,   1901,   conveying 
Lot  111.      Recorded  in   Clerk's  Office  of  Superior  Court  in   Deed 
Book  8  K,  folio  173,  of  same  records. 

17.  Deed  from  Catherine  Nay  lor,  dated  March  11,  1903,  conveying 
6.68  acres.     Recorded  in  Clerk's  Office  of  Superior  Court  in  Deed 
Book  8  Q's,  folio  108,  of  same  records. 

18.  Deed  from  the  Tybee  Beach  Company,  dated  March  14,  1903, 
conveying  about  7  acres.      Recorded  in  Clerk's  Office  of  Superior 
Court  in  Deed  Book  8  Q's,  folio  110,  of  same  records. 

19.  Deed  from  John  C.  Rowland,  dated  February  25,  1904,  con- 
veying lots  31,  32,  33  and  34,  having  an  aggregate  area  of  3.78  acres 
for  range-finding  stations.     Recorded  in  Book  8  T,  folio  373,  of  same 
records. 

The  following  lots  are  included  within  the  tract  of  twenty  acres 
known  as  the  "  Tilton  tract  ",  shown  on  a  map  of  survey  for  James  H. 
Furber  made  by  Percy  Sugden,  C.  E.,  in  April,  1888.  Title  was  ac- 
quired by  the  following  deeds : 

1.  Deed  from  Isaac  D.  LaRoche,  dated  January  24,  1905,  conveying 
Lots  38,  70,  71,  and  108 ;  recorded  in  County  Records  Book  8Y,  folio 
403 ;  records  of  Chatham  County,  Ga. 


88  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

2.  Deed  of  Frank  W.  Stover,  dated  January  31,  1905,  conveying 
Lot  36;  recorded  in  Deed  Book  9A,  folio  166,  of  the  records  of  said 
county. 

3.  Deed  from  Diedrich  Entelman,  dated  March  10,  1905,  conveying 
Lot  51 ;  recorded  in  Deed  Book  9A,  folio  172,  of  the  records  of  said 
county. 

4.  Deed  from  Joseph  Copps,  dated  March  13,  1905,  conveying  Lots 
5  and  6 ;  recorded  in  Deed  Book  9A,  folio  164,  of  the  records  of  said 
county. 

5.  Deed  from  John  G.  Butler,  jr.,  dated  March  13,  1905,  conveying 
Lots  8  and  9 ;  recorded  in  Deed  Book  9A,  folio  163,  of  the  records  of 
said  county. 

6.  Deed  from  Samuel  Reynolds,  dated  March  13,  1905,  conveying 
Lots  18  and  37;  recorded  in  Deed  Book  9A,  folio  266,  of  the  records 
of  said  county. 

7.  Deed  from  Henrietta  Platshek,  dated  March  13,  1905,  conveying 
Lot  48;  recorded  in  Deed  Book  9 A,  folio  184,  of  the  records  of  said 
county. 

8.  Deed  from  H.  W.  Cowan,  dated  March  13,  1905,  conveying  Lot 
26;  recorded  in  Deed  Book  9A,  folio  174,  of  the  records  of  said 
county. 

9.  Deed  from  James  M.  Dixon,  dated  March  13,  1905,  conveying 
Lots  34  and  35 ;  recorded  in  Deed  Book  9A,  folio  176,  of  the  records 
of  said  county. 

10.  Deed  from  Thomas  Cooley,  dated  March  13,  1905,  conveying 
Lots  53  and  54 ;  recorded  in  Deed  Book  9A,  folio  173,  of  the  records 
of  said  county. 

11.  Deed  from  Addie  Jacobs  Hutto,  dated  March  13,  1905,  convey- 
ing Lot  57 ;  recorded  in  Deed  Book  9A,  folio  188,  of  the  records  of  said 
county. 

12.  Deed  from  Bridget  Hanly,  dated  March  13,  1905,  conveying 
Lots  61  and  62 ;  recorded  in  Deed  Book  9A,  folio  187,  of  the  records 
of  said  county. 

13.  Deed  from  Charles  C.  Ely,  dated  March  13,  1905,  conveying 
Lots  67,  68  and  69;  recorded  in  Deed  Book  9A,  folio  167,  of  the 
records  of  said  county. 

14.  Deed  from  Mary  A.  Ronan,  dated  March  14,  1905,  conveying 
Lots  1  and  2 ;  recorded  in  Deed  Book  9A,  folio  183,  of  the  records  of 
said  county. 

15.  Deed  from  John  F.  Lubs,  dated  March  14,  1905,  conveying  Lot 
3 ;  recorded  in  Deed  Book  9 A,  folio  187,  of  the  records  of  said  county. 

16.  Deed  from  John  H.  H.  Entelman,  dated  March  14,  1905,  con- 
veying Lot  11 ;  recorded  in  Deed  Book  9 A,  folio  175,  of  the  records 
of  said  county. 

17.  Deed  from  Daniel  J.  Roche  and  Eliza  J.  Roche,  sole  heirs  at 
law  of  Bridget  Roche,  deceased,  dated  March  14,  1905,  conveying 
Lot  47 ;  recorded  in  Deed  Book  9A,  folio  186,  of  the  records  of  said 
county. 

18.  Deed  from  John  H.  Grimm,  dated  March  14,  1905,  conveying 
Lot  56;  recorded  in  Deed  Book  9A,  folio  166,  of  the  records  of  said 
county. 

19.  Deed  from  Francis  E.  Rocca,  dated  March  15,  1905,  conveying 
Lot  24 ;  recorded  in  Deed  Book  9A,  folio  222,  of  the  records  of  said 
county. 


GEORGIA.  89 

20.  Deed  from  T.  H.  Monahan,  dated  March  15,  1905,  conveying 
Lot  43 ;  recorded  in  Deed  Book  9A,  folio  235,  of  the  records  of  said 
county. 

21.  Deed  from  William  Kehoe,  dated  March  13,  1905,  conveying 
Lots  19,  20,  28,  and  29;  recorded  in  Deed  Book  9E,  folio,  40,  of  the 
records  of  said  county. 

22.  Deed  from  Emile  Newman,  dated  March  27,  1905,  conveying 
Lots  45  and  46 ;  recorded  in  Deed  Book  9E,  folio  42,  of  the  records  of 
of  said  county. 

23.  Deed  from  A.  P.  Solomon  et  al.,  dated  April  21,  1905,  convey- 
ing Lot  49 ;  recorded  in  Deed  Book  9E,  folio  35,  of  the  records  of  said 
county. 

24.  Deed  from  Elizabeth  McNally,  dated  June  2,  1905,  conveying 
Lots  14  and  15 ;  recorded  in  Deed  Book  9E,  folio  37,  of  the  records  of 
said  county. 

25.  Deed  from  Frederic  Chastanet,  dated  June  3,  1905,  conveying 
Lot  42 ;  recorded  in  Deed  Book  9E,  folio  41,  of  the  records  of  said 
county. 

26.  Deed  from  Francis  Hart,  dated  June  5, 1905,  conveying  Lot  39 ; 
recorded  in  Deed  Book  9E,  folio  38,  of  the  records  of  said  county. 

27.  Deed  from  Mary  McCarthy,  executrix,  dated  June  8,  1905,  con- 
veying Lots  55,  63,  64,  65  and  66;  recorded  in  Deed  Book  9E,  folio 
37,  of  the  records  of  said  county. 

28.  Deed  from  Mary  A.  Ronan,  executrix,  dated  June  17, 1905,  con- 
veying Lot  4 ;  recorded  in  Deed  Book  9E,  folio  34,  of  the  records  of 
said  county. 

29.  Deed  from  W.  L.  Wilson,  Trustee  in  Bankruptcy  of  the  estate 
of  John  J.  McDonough,  dated  June  17,  1905,  conveying  Lots  58,  59 
and  60;  recorded  in  Deed  Book  9E,  folio  33,  of  the  records  of  said 
county. 

30.  'Deed  from  William  T.  Daniels,  dated  June  — ,  1905,  conveying 
Lots  30  and  31 ;  recorded  in  Deed  Book  9E,  folio  39,  of  the  records  of 
said  county. 

31.  Deed  from  John  G.  Butler,  dated  February  28,  1906,  conveying 
Lots  7,  10,  16,  17,  22,  23,  25,  27,  32,  33,  40,  41,  50,  and  52 ;  recorded  in 
Deed  Book  9G,  folio  285,  of  same  record. 

32.  Deed  from  Town  of  Tybee,  dated  June  20,  1905,  conveying  Lots 
12, 13  and  21 ;  recorded  in  Deed  Book  9E,  folio  152,  of  same  records. 

33.  Deed  from  John  G.  Butler,  dated  August  25,  1906,  conveying 
part  of  beach  Lot  3,  all  of  beach  Lot  4,  and  half  of  beach  Lot  5; 
recorded  in  Deed  Book  91,  folio  -  — ,  of  same  records. 

34.  Quitclaim  deed  from  John  G.  Butler,  dated  August  25,  1906, 
quitclaiming  beach  Lot  2;  recorded  in  Deed  Book  91,  folio  408,  of 
same  records. 

35.  Deed  from  John  Sullivan,  jr.,  dated  June  7,  1905,  conveying 
part  of  beach  Lot  3  not  covered  by  conveyance  of  Butler,  above ;  re- 
corded in  Deed  Book  91,  folio  406,  of  same  records. 

36.  Quitclaim  deed  from  John  Sullivan,  jr.,  dated  July  25,  1906, 
quitclaiming  beach  Lot  2;  recorded  in  Deed  Book  91,  folio  408,  of 
same  records. 

37.  Deed  from  R.  L.  Byrum,  dated  March  18,  1907,  conveying  Lot 
44:  recorded  in  Deed  Book  9M,  folio  151,  of  same  records. 

The  following  lands  are  included  within  the  tract  or  plan  of  Lots 
laid  out  by  John  R.  Tabeau.    Title  as  follows : 


90  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

Deed  from  James  Farie,  jr.,  dated  March  13,  1905,  conveying  the 
South  half  of  Lot  No.  5 ;  recorded  in  Deed  Book  9 A,  folio  170,  of  the 
records  of  said  county. 

For  Jurisdiction,  see  Act  of  December  22,  1808,  and  note  thereto, 
under  "  General  Act  of  Cession." 

Jurisdiction  over  a  portion  of  this  reservation  was  also  ceded  by  an 
act  of  the  State  Legislature  approved  July  19,  1904,  in  terms  as 
follows : 

"  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  Georgia, 
and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  the  juris- 
diction of  this  State  be,  and  the  same  is  hereby,  ceded  to  the  United 
States  over  the  military  reservation  of  Fort  Screven  on  Tybee  Island, 
in  Chatham  County,  containing  about  221.28  acres;  the  same  having 
been  acquired  by  the  United  States  for  fortification  purposes  by  deed 
from  John  Screven  et  al.,  dated  May  21,  1875,  recorded  in  the  Clerk's 
Office  of  the  Superior  Court  of  Chatham  County  in  Deed  Book 
R.  R.  R.  R.,  folio  390,  by  deed  from  the  Tybee  Beach  .Company, 
dated  June  12,  1899,  recorded  in  same  office  in  Deed  Book  8a,  folio 
399,  and  by  deed  from  Jno.  C.  Rowland,  dated  February  25,  1904, 
recorded  in  same  office  in  Deed  Book  8t,  folio  373 ;  Provided,  never- 
theless, That  nothing  herein  contained  shall  extend,  or  be  construed 
to  extend,  so  as  to  impede  or  prevent  the  execution  of  any  process, 
civil  or  criminal,  under  the  authority  of  this  State." 

Revocable  licenses:  License,  March  10,  1899,  to  the  Georgia  Tele- 
phone Company  to  occupy  the  Martello  tower  on  the  reservation  as  a 
signal  station  to  report  passing  vessels,  under  authority  of  Act  of 
Congress,  approved  April  14,  1892. 

License,  July  29,  1904,  to  the  Western  Union  Telegraph  Company 
to  maintain  its  existing  telegraph  lines  upon  the  reservation,  and  to 
occupy  for  office  purposes  a  room  in  the  administration  building. 

License,  July  29,  1904,  to  The  Pilots  Association  of  Savannah  to 
moor  boats  at  the  Engineer  Dock  and  to  have  right  of  passage  to  and 
from  the  same. 

License,  July  29,  1904,  to  the  Savannah  Propeller  Tow  Boat  Com- 
pany to  moor  boats  at  the  Engineer  Dock  and  to  have  right  of  pas- 
sage to  and  from  the  same. 

HAWAII. 

FORT    DE    RUSSY. 

This  reservation  contains  an  area  of  66.9  acres,  with  metes  and 
bounds  except  as  to  tract  of  1.694  acres  referred  to  in  No.  7,  post,  as 
given  in  G.  O.  No.  197,  W.  D.,  September  29,  1909.  It  is  situated 
at  Kalia,  Waikiki,  Island  of  Oahu.  The  title  is  as  follows : 

1.  Deed  from  Frances  Elizabeth  Hobron,  executrix  and  trustee,  and 
widow  of  Thomas  H.  Hobron,  deceased,  dated  December  31, 1904,  con- 
veying 2.893  acres.     Recorded  in  Liber  264,  pages  320-325,  Register's 
Office,  Oahu. 

2.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  July  14, 1905,  covering  2.812  acres.     Recorded  in  Liber 
284,  pages  98-105,  and  Liber  304,  pages  397-405,  same  records.     Also 
Deed,  dated  July  9, 1905,  from  the  Estate  and  Heirs  of  Henry  Water- 
house  conveying  same  premises.     Recorded  in  Liber  311,  pages  55-62, 
same  records. 


HAWAII.  91 

3.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,  dated  November  10,  1905,  covering  2  acres.     Recorded  in 
Liber  284,  pages  105—110,  same  records. 

4.  Decree  of  United   States  District  Court  for  the  Territory  of 
Hawaii,  dated  December  22,  1905,  covering  3.214  acres.     Recorded  in 
Liber  284,  pages  116-122,  same  records. 

5.  Decree  of  LTnited   States  District  Court  for  the  Territory  of 
Hawaii,  dated  April  19,  1909,  covering  52.92  acres.     Recorded  in 
Liber  321,  pages  296-324,  of  same  records. 

6.  Decree  of  United  States  District  Court  for  the  Territory  of 
Hawaii,    dated   May   24,    1909,   covering   1.36    acres.     Recorded   in 
Liber  321,  pages  342-350,  of  same  records. 

7.  Decree  of  the  U.  S.  District  Court,  rendered  August  19,  1909, 
covering  the  acquisition  of  1.694  acres,  known  as  the  *'  Keike  prop- 
erty."    Recorded  in  Liber  331,  pages  41-50,  of  same  records. 

HONOLULU. 
(Lots  in.) 

These  reservations,  three  in  number,  and  known  as  the  Emmes 
Wharf  site,  The  Esplanade  Lots  and  the  Barracks  Lot,  contain 
respectively  42,086,  55,830  and  98,260  square  feet.  They  were  reserved 
subject  to  private  rights  by  Executive  Order,  dated  December  19, 
1899.  (G.  O.  No.  213,  A.  G.  O.,  Dec.  30,  1899.) 

Lease:  Lease  for  5  years,  August  18,  1908,  of  the  Emmes  Wharf 
site  to  the  Department  of  Public  Works,  Honolulu.  Lease  granted 
in  accordance  with  Act  of  Congress,  approved  July  28, 1892. 

Revocable  Licenses:  License,  January  12,  1907,  to  Territory  of 
Hawaii  for  storage  for  militia  property  on  "  Barracks  Lot." 

License,  July  12,  1907,  to  Territory  of  Hawaii  for  shooting  gallery 
on  "  Barracks'Lot." 

FORT    KAMEHAMEHA. 

This  reservation,  known  as  "  Queen  Emma  Site,"  is  situated  at 
Queen  Emma  Point,  Pearl  Harbor,  island  of  Oahu,  H.  T.,  and  con- 
tains 411.685  acres.  The  title  was  acquired  by  condemnation  pro- 
ceedings under  decree  of  the  United  States  District  Court  of  Hawaii 
of  July  12,  1907,  recorded  in  the  office  of  the  registrar,  Oahu,  H.  T., 
in  liber  304,  pages  5-12. 

Revocable  licenses:  License  March  12,  1909,  to  Hawaiian  Dredging 
Company  to  use  for  railroad  purposes  about  3500  feet  of  U.  S.  Engi- 
neer track  on  this  reservation. 

License,  July  3,  1909,  to  Hawaiian  Dredging  Company  to  lay  a 
3-inch  water  pipe  along  the  railroad  track,  for  carrying  water  in 
connection  with  the  contract  for  improving  Pearl  Harbor. 

PUNCHBOWL    HILL. 

This  reservation  contains  an  area  of  about  157.5  acres,  and  is  situ- 
ated at  Honolulu,  Island  of  Oahu.  As  part  of  the  public  domain, 
it  was  reserved  for  military  purposes  by  Executive  Order  of  January 
18, 1906  (G.  O.  No.  21,  War  Department,  January  27,  1906). 


92  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

PUULOA. 

This  reservation  contains  an  area  of  322.33  acres,  and  is  situated 
on  the  west  side  of  the  entrance  to  Pearl  Harbor,  near  Honolulu, 
Island  of  Oahu.  The  title  is  as  follows : 

1.  Deed,  dated  December  20,  1904,  from  the  Dowsett  Company 
(Limited),  conveying  the  entire  tract,  excepting  the  ten  lots  conveyed 
by  deeds  hereinafter  mentioned.     Recorded  in  Liber  266,  pages  43  to 
47,  in  Register's  Office,  Oahu. 

2.  Deed,  dated  December  20,  1904,  from  R.  W.  Atkinson,  Trustee, 
conveying  Lot  No.  19.     Recorded  in  Liber  264,  pages  284  to  287,  same 
records. 

3.  Deed,  dated  December  20,  1904,  from  Blanche  C.  Walker  and 
John  S.  Walker,  her  husband,  conveying  Lot  No.  20.     Recorded  in 
Liber  266,  pages  60  to  65,  same  records. 

3.  Deed,  dated  December  20, 1904,  from  James  F.  Morgan  and  wife, 
conveying  Lots  38  and  39.     Recorded  in  Liber  264,  pages  279  to  283, 
same  records. 

4.  Deed,  dated  December  20,  1904,  from  Elizabeth  B.  Waterhouse, 
conveying  Lot  No.  41.     Recorded  in  Liber  264,  pages  288  to  291,  same 
records. 

5.  Deed,  dated  December  20,  1904,  from  J.  W.  Bergstrom  and  wife, 
conveying  Lot  No.  45.     Recorded  in  Liber  266,  pages  54  to  59,  same 
records. 

6.  Deed,  dated  December  20,  1904,  from  F.  J.  Church  and  wife,  con- 
veying Lot  No.  47.     Recorded  in  Liber  266,  pages  66  to  71,  same 
records. 

7.  Deed,  dated  December  20,  1904,  from  A.  C.  Lovekin  and  wife, 
conveying  Lots  48  and  49.     Recorded  in  Liber  266,  pages  48  to  53, 
same  records. 

8.  Deed,  dated  June  22,  1905,  from  D.  H.  Hitchcock  and  wife, 
conveying  Lot  No.  42.     Recorded  in  Liber  272,  pages  181  to  183, 
same  records. 

ROUND   TOP   AND   SUGAR   LOAF. 

By  Executive  Order  of  December  1,  1908  (G.  O.  No.  200,  War 
Dept.,  December  10,  1908)  there  were  reserved  as  sites  for  observation 
stations,  a  tract  of  3.68  acres,  more  or  less,  on  Round  Top  (or 
Ualakaa),  and  a  tract  of  3.14  acres  on  Sugar  Loaf  (or  Kakea),  with 
right  of  way  connecting  these  reservations  and  rights  of  way  con- 
necting them  with  existing  trails  or  roads,  as  described  in  the  said 
Executive  Order.  These  reservations  are  situated  in  or  near  Hono- 
lulu, island  of  Oahu,  H.  T. 

FORT  EUGER. 

This  reservation  is  situated  at  Diamond  Head  on  the  island  of 
Oahu,  Territory  of  Hawaii,  and  comprises  the  tract  reserved  for  mili- 
tary purposes  by  Executive  order  of  January  18,  1906  (G.  O.  No.  21, 
War  Dept.,  January  27,  1906)  as  reduced  by  Executive  Order  of 
July  1,  1909  (G.  O.  No.  143,  War  Dept.,  July  15,  1909— area  as  re- 
duced about  694  acres)  ;  and  the  Kapahuli  tract  of  49.73  acres  adjoin- 


HAWAII.  %  93 

ing  the  former  tract  on  the  north.     The  title  to  the  latter  tract  was 
acquired  by  the  following  deeds  : 

1.  Deed,  dated  November  26,  1904,  from  W,  O.  Smith,  et  al.,  Trus- 
tees, conveying  above  premises.     Recorded  in  Liber  264,  pages  215- 
218,  Register's  Office,  Oahu. 

2.  Deed,  dated  November  29,  1904,  from  Arthur  A.  Wilder   (un- 
married), conveying  same  premises.     Recorded  in  Liber  264,  pages 
209-211,  same  records. 

3.  Deed,  dated  November  26,  1904,  from  A.  V.  Gear  and  wife,  and 
T.   F.   Lansing  and  wife,  conveying  same  premises.     Recorded  in 
Liber  264,  pages  212-214,  same  records. 

4.  Release  of  Mortgage,  dated  November  29,  1904,  from  Bishop  & 
Co.  (S.  M.  Damon  and  Alexander  Garvie),  covering  same  premises. 
Recorded  in  Liber  262,  pages  174-176,  same  records. 

License,  June  12,  1909,  to  A.  S.  Cleghorn  to  construct  and  use  road- 
way from  northeast  corner  of  his  property  to  Diamond  Head  road. 

SCHOFIELL)    BARRACKS. 

This  reservation  contains  14,400  acres,  and  comprises  part  of 
Waianae-Uka,  Island  of  Oahu,  about  19  miles  from  Honolulu,  and 
9  miles  from  Pearl  Harbor.  As  part  of  the  government  domain,  it 
was  set  apart  for  military  purposes  and  declared  a  military  reserva- 
tion by  Executive  Order,  dated  July  20,  1899,  amended  by  Executive 
Order  dated  November  15,  1909  (G.  O.  No.  242,  W.  D.,  December  4, 
1909). 

Easement:  By  act  of  Congress  approved  Feb.  6,  1909  (35  Stat.  L., 
611)  the  Wahiaw^a  Water  Company  (Limited)  was  granted  the  right 
of  way  on  this  reservation  for  reservoirs,  canals  and  their  laterals, 
upon  the  proviso  that  the  company  "  shall  furnish  free  of  charge  all 
the  water  needed  for  post  or  encampment  purposes,"  etc. 

License,  July  23,  1906,  to  Oahu  Railway  and  Land  Company  to 
occupy  for  its  railway  a  strip  of  land  40  feet  wide,  through  reserva- 
tion. 

FORT   SHAFTER. 

This  reservation  contains  1,344  acres,  and  is  situated  at  Kahauiki, 
Kona  District,  about  three  miles  northwest  of  Honolulu,  on  the  Island 
of  Oahu.  A  part  of  the  Government  domain,  it  was  reserved  for 
military  purposes,  subject  to  unexpired  leases,  by  Executive  Order, 
dated  July  20,  1899  (G.  O.  No.  147,  A.  G.  O.,  August  10,  1899). 

The  following  releases  have  been  executed  by  lessees,  assigns,  and 
sublessees  of  their  interests  in  and  to  portions  of  said  premises  under 
the  original  lease,  dated  July  2,  1888,  of  said  premises  for  the  term  of 
25  years,  to  James  I.  Dowsett,  viz: 

1.  Release  by  the  Dowsett  Company    (Limited),  assignee,  dated 
April  30,  1904,  of  leasehold  interest  in  a  portion  of  the  lands.     Re- 
corded in  Liber  263,  pages  1  to  5,  in  Register's  Office,  Oahu. 

2.  Release   by   the   Dowsett   Company    (Limited),   assignee,   and 
Joseph  Richard,  sub-lessee  under  said  Company,  dated  June  10,  1904, 
of  right  of  way  leading  from  Government  Road  to  said  reservation. 
Recorded  in  Liber  263,  pages  5  and  6,  same  records, 


94  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

3.  Release  by  Alfred  W.  Carter,  J.  R.  Gait  and  Clarence  H.  Cooke, 
Trustees,  etc.,  dated  June  6,  1904,  of  same  premises  covered  by  No.  1, 
supra.     Recorded  in  Liber  256,  pages  483  to  485,  same  records. 

4.  Release  by  the  Star  Dairy  Company  (Limited),  assignee,  dated 
June  6,  1904,  of  leasehold  interest  in  a  portion  of  the  lands.     Re- 
corded in  Liber  263,  pages  14  and  15,  same  records. 

5.  Release  by  Sarah  J.  Grace   (widow),  dated  June  6,  1904,  of 
leasehold  interest  in  a  portion  of  the  lands.     Recorded  in  Liber  261, 
pages  143  and  144,  same  records. 

6.  Release  by  Ng  Sue  Ming,  et  al.,  dated  June  6,  1904,  of  leasehold 
interest  in  a  portion  of  the  lands.     Recorded  in  Liber  261,  pages  144 
and  145,  same  records. 

7.  Release  by  S.  M.  Damon  and  wife,  dated  May  12,  1904,  of  lease- 
hold interest  in  a  portion  of  the  lands.     Recorded  in  Liber  264,  pages 
221  and  222,  same  records. 

IDAHO, 

BOISE  BARRACKS. 

This  reservation  contains  636.35  acres  and  is  situated  adjacent  to 
Boise  City,  in  Ada  County,  and  as  a  part  of  the  public  domain  was 
reserved  for  military  purposes  by  Executive  Order,  dated  April  9, 
1873.  Metes  and  bounds  announced  in  G.  O.  No.  8,  Dept  of  Columbia 
1895. 

By  deed,  dated  May  24,  1905,  Peter  Sonna  and  wife  conveyed  to 
the  United  States  their  water  rights  and  water  system;  acquired 
under  sections  18  and  20,  Act  of  Congress  of  March  3,  1891,  and 
approvals  thereunder  by  Secy  of  War,  dated  Feb.  25,  1893,  Aug.  22, 
1894,  and  Dec.  12,  1894;  deed  recorded  in  Book  53  of  Deeds,  page 
580,  in  the  Recorder's  Office  of  Ada  County,  Idaho.  Quitclaim  deed 
from  Mary  Sonna,  widow  and  sole  devisee  of  Peter  Sonna,  dated  Sept. 
15,  1909,  to  any  rights  in  said  water  system.  Recorded  in  Book  78, 
page  440,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature,  approved  February  7,  1891,  which  provides  as  follows : 

"SECTION  1.  That  pursuant  to  article  one,  section  eight,  paragraph 
seventeen,  of  the  Constitution  of  the  United  States,  consent  to  pur- 
chase is  hereby  given  and  exclusive  jurisdiction  ceded  to  the  United 
States  over  and  with  respect  to  all  lands  embraced  within  the 
military  posts  and  reservations  of  Fort  Sherman  and  Boise  Barracks, 
together  with  such  other  lands  in  the  State  as  may  be  now  or  here- 
after acquired  and  held  by  the  United  States  for  military  purposes, 
either  as  additions  to  the  said  posts  or  as  new  military  posts  or  reser- 
vations which  may  be  established  for  the  common  defense;  and,  also, 
all  such  lands  within  the  State  as  may  be  included  in  the  territory  of 
the  Yellowstone  National  Park,  reserving,  however,  to  this  State  a 
concurrent  jurisdiction  for  the  execution  upon  said  lands,  or  in  the 
buildings  erected  thereon,  of  all  process,  civil  or  criminal,  lawfully 
issued  by  the  courts  of  the  State  and  not  incompatible  with  this  ces- 
sion." (Idaho  Code,  1901,  Vol.  1,  p.  9,  Sec.  22.) 

Easements:  Pursuant  to  Section*  18  and  20  of  Act  of  Congress, 
approved  March  3,  1891,  the  Secretary  of  War  approved  the  location 
by  Joseph  Perrault  of  an  irrigating"  canal  through  the  reservation, 


ILLINOIS.  95 

February  25,  1893.  Change  of  location  of  this  canal,  known  as 
"Walling  Canal,"  approved  Dec.  15,  1905,  to  make  room  for  the 
enlargement  of  the  post.  The  canal  is  now  owned  by  the  Capital 
Water  Company. 

Revocable  lease  to  the  AVarren  Construction  Company  of  Portland, 
Oreg.,  for  two  years  from  March  8,  1906,  stone  quarry.  Considera- 
tion 10  cents  per  cubic  yard  for  all  stone  removed. 

Revocable  Licenses:  License,  July  13,  1893,  to  the  city  of  Boise  to 
lay,  maintain  and  use  a  line  of  pipe  through  a  part  of  the  reservation 
for  the  purpose  of  flushing  sewers. 

License,  December  14,  1900,  to  Idaho  Independent  Telephone  Com- 
pany to  erect  and  maintain  a  telephone  line  upon  the  reservation. 

License,  April  28,  1906,  to  Rocky  Mountain  Bell  Telephone  Com- 
pany for  telephone  service. 

License  to  city  of  Boise  to  use  a  portion  of  the  reservation  between 
the  city  and  the  ditch  of  the  Capital  Water  Company,  authorized 
bv  Act  Of  January  21.  1909  (G.  O.  17,  War  Department,  January  30, 
1909). 

ILLINOIS. 

GENERAL    ACTS   OF    CESSION. 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  shall  have 
power  to  purchase  or  condemn,  in  the  manner  prescribed  by  law, 
upon  making  just  compensation  therefor,  any  land  in  the  State  of 
Illinois  required  for  custom-houses,  arsenals,  light-houses,  national 
cemeteries,  or  for  other  purposes  of  the  government  of  the  United 
States. 

"  SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land 
which  may  have  been  or  may  be  purchased  or  condemned  or  other- 
wise acquired,  and  shall  have  the  right  of  exclusive  legislation  and 
concurrent  jurisdiction,  together  with  the  State  of  Illinois,  over  such 
land  and  the  structures  thereon,  and  shall  hold  the  same,  exempt 
from  all  state,  county,  and  municipal  taxation." 

(Approved  December  14,  1871.     Illinois  Stats.,  1898,  p.  1521.) 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Illinois  is  hereby  given,  in  accordance  with  the  sixteenth  clause, 
eighth  section,  of  the  first  article  of  the  constitution  of  the  United 
States,  to  the  acquisition  by  the  United  States,  by  purchase,  con- 
demnation or  otherwise,  of  any  land  in  this  State  required  for  custom 
houses,  court  houses,  post  offices,  arsenals,  or  other  public  buildings 
whatever,  or  for  any  other  purposes  of  the  government. 

"  §  2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired 
by  the  United  States  shall  be,  and  the  same  is  hereby,  ceded  to  the 
United  States  for  all  purposes  except  the  administration  of  the 
criminal  laws  and  the  service  of  all  civil  processes  of  this  State; 
but  the  jurisdiction  so  ceded  shall  continue  no  longer  than  the  said 
United  States  shall  own  such  lands. 

"  §  3.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the  United 
States  shall  have  acquired  the  title  to  the  said  lands  by  purchase,  con- 
demnation or  otherwise;  and  so  long  as  the  said  lands  shall  remain 
the  property  of  the  United  States  when  acquired  as  aforesaid,  and  no 
longer  the  same  shall  be  and  continue  exempt  and  exonerated  from 


96  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

all  State,  county  and  municipal  taxation,  assessment,  or  other  charges 
which  may  be  levied  or  imposed  under  the  authority  of  this  State." 
(Approved  April  11,  1899.     Laws  of  Illinois,  1899,  p.  375.) 

ALTON    CEMETERY. 
(Burial  lot  for  prisoners  of  War.) 

This  lot  contains  an  area  of  about  2.44  acres,  and  is  situated  near 
the  city  of  Alton,  in  Madison  County.  The  title  is  as  follows: 

1.  Act  of  the  State  Legislature,  approved  March  5,  1867   (Laws 
of  Illinois,  1867,  Public,  page  176),  releasing  to  the  United  States 
the  title  and  jurisdiction  of 'the  State  over  about  two  acres  for  use 
as  a  burial  place  for  soldiers,  in  terms  as  follows: 

"  SEC.  1.  Be  it  enacted  by  the  People  of  the  State  of  Illinois,  rep- 
resented in  the  General  Assembly,  That  the  state  of  Illinois  hereby 
relinquish  claim  and  jurisdiction  over  the  following  described  land, 
viz:  two  acres  of  land  situated  in  the  southwest  part  of  the  north- 
west quarter  of  section  two  (2),  town  five  (5)  north,  range  ten  (10) 
west  of  the  third  (3d)  principal  meridian;  and  full  and  complete 
jurisdiction  hereby  given  over  said  land  to  the  United  States,  for 
the  use  and  purposes  of  said  land  being  a  burial  place  for  soldiers — 
the  state  hereby  retaining  only  such  jurisdiction  and  authority  over 
said  land  as  may  be  necessary  for  the  purpose  of  enforcing  the 
criminal  laws  of  the  state. 

SEC.  2.  Said  land  shall  not  be  used  for  any  purpose,  except  as 
herein  specified." 

2.  Deed  from  Thomas  Dunford  and  wife,  dated  October  15,  1867, 
and  recorded  in  book  104,  page  17,  of  the  deed  records  of  Madison 
County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature  approved  March  31,  1869,  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  whereas  the  said  United 
States  have  purchased  the  following  described  real  estate  in  said 
County,  to  wit,  0.44  of  an  acre  of  land,  the  same  being  the  Southeast 
part  of  lot  number  twenty-three  (23)  in  Mounier's  first  subdivision 
of  the  Northwest  quarter  of  section  number  two  (2),  Township  five 
(5),  North  of  Range  ten  (10)  West  °.f  the  tnir(i  (8)  principal  me- 
ridian. Wherefore  exclusive  jurisdiction  and  legislation  are  hereby 
ceded  to  the  United  States  over  said  real  estate,  and  the  right  of 
taxation  or  assessment  of  said  real  estate  is  hereby  relinquished  to 
the  said  United  States. 

"  SEC.  2.  All  civil  and  criminal  process  issued  under  the  authority 
of  this  State  or  by  any  of  its  officers  in  pursuance  of  law  may  be  exe- 
cuted on  said  real  estate  as  if  such  jurisdiction  had  not  been  ceded." 

See  also  General  Acts  of  Cession. 

CAMP  BUTLER  NATIONAL  CEMETERY. 

This  reservation  contains  6.02  acres  and  is  situated  about  2  miles 
from  the  town  of  Riverton,  in  Sangamon  County.  The  title  is  as 
follows : 

Deed  from  Polly  Miller,  Executrix,  etc.,  dated  September  6,  1865, 
conveying  the  above  lands  as  a  part  of  Sec.  16,  T.  16  N.,  R.  4  W.  of 


ILLINOIS.  97 

Third  Principal  Meridian.     Recorded  in  Book  No.  25,  page  327,  of 
the  deed  records  of  Sangamon  County. 

For  jurisdiction  see  General  Acts  of  Cession. 

GRACELAND   CEMETERY. 

This  reservation  contains  20,000  square  feet  in  Adams  County  near 
Quincy.  The  title  is  as  follows: 

Deed  from  the  Quincy  Cemetery  Association,  dated  October  25, 
1899,  conveying  the  above  tract  situated  in  Sec.  5,  T.  2  S.,  R.  8  W.  of 
the  4th  Principal  Meridian.  Recorded  in  volume  3,  page  162,  of  the 
Records  of  the  Quincy  Cemetery  Association. 

For  jurisdiction  see  General  Acts  of  Cession. 

MOUND  CITY  NATIONAL  CEMETERY. 

This  reservation  contains  about  10.50  acres  and  a  right  of  way. 
It  is  situated  at  Mound  City,  in  Pulaski  County. 
Title  was  acquired  as  follows: 

1.  Deed  from  Hiram  Ketchum,  dated  May  4,  1867,  releasing  all 
right,  title,  etc.,  in  the  10  acres  in  SE.  J  sec.  26,  in  T.  16  S.,  R.  1  W. 
described  therein.     Recorded  in  Book  T,  page  323,  etc,  of  the  deed 
records  of  Pulaski  County. 

2.  Deed  from  Samuel  Staats  Taylor  and  Edwin  Parsons,  trustees, 
etc.,  Cairo  City  property,  dated  May  4,  1867,  conveying  by  deed  of 
bargain  and  sale  the  above  10  acres.    Recorded  in  Book  T,  page  321, 
etc.,  of  same  records. 

3.  Deed  from  Samuel  Staats  Taylor  and  Edwin  Parsons,  trustees, 
etc.,  dated  November  28,  1873,  conveying  0.50  acre  adjoining  the  fore- 
going described  10  acres.     Recorded  in  Book  W,  page  146,  of  same 
records. 

4.  Deed  from  Charles  Parsons,  trustee,  etc.,  dated  November  28, 
1873,  releasing  all  interest,  etc.,  in  the  above  0.50  acre. 

5.  Deed  from  Commissioners  of  Pulaski  County,  dated  August  11, 
1882,  conveying  a  right  of  way  from  Mount  City  to  the  cemetery 
100  feet  wide  by  3,431  feet  long.    Recorded  in  Book  Y,  page  129,  of 
same  records. 

6.  Deed  from  Commissioners  Road  District  No.  1,  Pulaski  County, 
dated  July  1,  1892,  conveying  right  of  way,  100  feet  wide,  from 
Mound  Junction  to  southwest  corner  of  cemetery. 

7.  Deed  from  Henry  Parsons  and  Edwin  Parsons,  Trustees  of  the 
Cairo  Trust  Property,  dated  August  5,  1896,  conveying  a  roadway  to 
the  Mound  City  National  Cemetery.    Recorded  in  Book  8,  page  201, 
etc.,  of  same  records. 

For  jurisdiction  see  General  Acts  of  Cession. 

OAK  WOODS   NATIONAL   CEMETERY. 

This  reservation  contains  about  69,064  square  feet,  and  is  situated 
in  what  is  known  as  Oak  Woods  Cemetery,  in  Hyde  Park,  Cook 
County,  111.  The  title  is  as  follows : 

1.  Deed  from  The  Oak  Woods  Cemetery  Association,  dated  April 
25,  1866,  conveying  all  of  Division  1  in  Section  Letter  K  of  the  plat 

16809—10 7 


98  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

of  a  portion  of  said  Cemetery,  etc.,  being  18,340  square  feet.  Re- 
corded in  Book  340,  page  466,  of  the  records  of  Oak  Woods  Ceme- 
tery. See  also  Book  16,  page  247. 

2.  Deed  from  The  Oak  Woods  Cemetery  Association,  dated  May 
1,  1867,  conveying  all  of  Division  2,  in  Section  Letter  K,  of  the 
plat  of  a  portion  of  said  Cemetery,  being  50,724  square  feet.  Re- 
corded in  Book  428.  page  581,  of  same  records.  Plat  of  Cemetery 
recorded  in  Book  164,  page  198,  of  Maps  in  the  Recorder's  Office  of 
Cook  County. 

For  jurisdiction  see  General  Acts  of  Cession. 

ROCK  ISLAND  ARSENAL. 

This  reservation,  embracing  the  entire  island  of  Rock  Island,  con- 
tains 896.62  acres  and  is  situated  in  the  Mississippi  River  adjacent  to 
the  City  of  Rock  Island,  in  Rock  Island  County.  The  title  to  the 
island  was  acquired  through  a  Treaty  with  the  Chiefs  of  the  Sac  and 
Fox  tribes  of  Indians  made  by  Gen.  William  Henry  Harrison,  Gov- 
ernor and  Superintendent  of  Indian  affairs  for  the  Territory  of 
Indiana  and  District  of  Louisiana,  at  St.  Louis,  Mo.,  in  November, 
1804,  but  the  reservation  for  military  purposes  derives  its  validity 
from  the  Act  of  June  14,  1809.  Possession  was  taken  as  early  as 
May  10,  1816,  barracks  built,  and  afterwards  a  defensive  work  called 
Fort  Armstrong.  This  occupation  continued  until  1836,  at  which 
time  the  island  was  placed  in  charge  of  Indian  agents,  who  remained 
in  charge  until  1840,  when  the  War  Department  resumed  possession, 
repaired  some  of  the  buildings  of  Fort  Armstrong,  established  an 
Ordnance  depot,  and  continued  in  possession  of  the  island  until 
1844,  when  by  an  Act  of  Congress  approved  April  2,  1844,  George 
Davenport  was  authorized  to  enter  and  purchase  the  SE.  fractional 
quarter  of  Sec.  25,  T.  18  N.,  R.  2  W.  of  the  Fourth  Principal  Meridian 
(he  afterwards  received  a  patent  therefor),  area  157.81  acres,  and  by 
Act  of  Congress,  approved  January  24,  1855,  David  B.  Sears  was 
authorized  to  enter  and  purchase  the  E.  J  of  SW.  fractional  quarter 
of  fractional  Section  29,  containing  28.10  acres,  and  the  SE.  fractional 
quarter  of  same  fractional  Section  containing  3.26  acres,  same  Town- 
ship and  Range,  in  order  to  secure  to  him  the  full  and  complete  use  of 
the  water  power  on  the  north  side  of  the  island,  patent  issuing  to 
him  therefor.  Such  was  the  status  of  title  when  the  Act  of  Congress 
making  provision  for  the  establishment  of  national  arsenals  was 
approved  July  11,  1862.  It  becoming  necessary  to  again  have  control 
of  the  whole  island,  Congress  by  an  Act  approved  April  19,  1864, 
provided  for  the  acquisition  of  such  parts  of  the  island  as  had  been 
sold,  and  also  for  the  extinguishment  of  all  claims  of  title  to  property 
therein,  and  in  accordance  with  the  provisions  of  said  Act,  which 
was  supplemented  by  the  Act  of  Congress  approved  June  27,  1866, 
possession  was  taken  of  said  portions  and  title  acquired  as  follows: 

1.  Decree  of  condemnation  for  the  SE.  fractional  quarter  of  Sec. 
25,  T.  18  N.,  R.  2  W.  of  the  Fourth  Principal  Meridian  in  a  certain 
Chancery  proceeding  in  the  Circuit  Court  of  the  United  States  for 
the  Northern  District  of  Illinois,  entitled  George  L.  Davenport  and 
Susan  M.  Goldsmith  v.  The  United  States.  Decree  rendered  May  2, 
1867,  and  filed  with  the  record  in  the  Clerk's  Office  of  said  Court 


ILLINOIS.  99 

2.  Decree  of  condemnation  for  Lot  No.  5,  in  Block  No.  15,  in  Island 
City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  certain  Chan- 
cery proceeding  in  the  Circuit  Court  of  the  United  States  for  the 
Northern  District  of  Illinois,  entitled  Nels  Johnson  v.  The  United 
States.     Decree  rendered  May  13,  1867,  and  filed  with  the  record  in 
the  Clerk's  Office  of  said  Court. 

3.  Decree  of  condemnation  for  Lots  Nos.  16,  17,  18,  19  and  20,  in 
Block  No.  10,  in  Island  City  subdivision  No.  1  to  the  town  of  Moline 
upon  Rock  Island,  in  a  certain  Chancery  proceeding  in  the  Circuit 
Court  of  the  United  States  for  the  Northern  District  of  Illinois, 
entitled  Daniel  Jones  v.  The  United  States.     Decree  rendered  May 
13,  1867,  and  filed  with  the  record  in  the  Clerk's  Office  of  said  Court, 

4.  Decree  of  condemnation  for  Lot  No.  4,  in  Block  No.  11,  in  Island 
City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  certain  Chan- 
cery proceeding  in  the  Circuit  Court  of  the  United  States  for  the 
Northern  District  of  Illinois,  entitled  Peter  Peterson  v.  The  United 
States.     Decree  rendered  May  13,  1867,  and  filed  with  the  record  in 
the  Clerk's  Office  of  said  Court. 

5.  Decree  of  condemnation  for  Lot  No.  13,  in  Block  No.  10,  in 
Island  City  subdivision  No.  1  to  Moline  upon  Rock  Island,  in  a  cer- 
tain Chancery  proceeding  in  the  Circuit  Court  of  the  United  States 
for  the  Northern  District  of  Illinois,  entitled  James  Robinson  v.  The 
United  States.     Decree  rendered  May  13,  1867,  and  filed  with  the 
record  in  the  Clerk's  Office  of  said  Court. 

6.  Decree  of  condemnation  for  Lots  Nos.  1  and  2,  Block  No.  13, 
and  Lots  Nos.  4,  5  and  6,  in  Block  No.  12,  in  Island  City  subdivision 
No.  1  of  Moline  upon  Rock  Island,  in  a  certain  Chancery  proceeding 
entitled  George  Stephens,  Jonathan  Houtoon,  and  Timothy  Wood, 
partners,  etc.,  v.  The  United  States.     Decree  rendered  May  13,  1867, 
and  filed  with  the  record  in  the  Clerk's  Office  of  said  Court, 

7.  Decree  of  condemnation  for  Lot  No.  8,  in  Block  No.  9,  in  Island 
City  subdivision  of  Moline  upon  Rock  Island,  in  a  certain  Chancery 
proceeding  entitled  Robert  Welch  v.  The  United  States.     Decree  ren- 
dered May  13,  1867,  and  filed  with  the  record  in  the  Clerk's  Office  of 
said  Court. 

8.  Decree  of  condemnation  for  Wilson's  Island,  in  the  Mississippi 
River,  in  Sees.  35  and  36,  in  T.  18  N.,  R.  2  W.,  Fourth  Principal  Me- 
ridian, containing  7.60  acres,  a  certain  bridge  roadway  and  embank- 
ment and  approaches  leading  thereto  from  the  City  of  Rock  Island 
across  Wilson's  Island,  etc.,  in  a  certain  Chancery  proceeding  en- 
titled The  City  of  Rock  Island  v.  The  United  States.     Decree  ren- 
dered April  22,  1867,  and  filed  with  the  record  in  the  Clerk's  Office  of 
said  Court. 

9.  Decree  of  condemnation  for  a  certain  bridge  and  roadway  con- 
necting the  head  of  Rock  Island  with  Mill  street  in  the  Town  of 
Moline  on  the  main  shore  (Provision  for  free  use  of  streets  of  Moline 
connecting  with  the  Bridge,  right  to  repair  or  construct  new  bridge, 
etc.),  in  a  certain  Chancery  proceeding  entitled  The  Town  of  Moline 
v.  The  United  States.     Decree  rendered  May  13,  1867,  and  filed  with 
the  record  in  the  Clerk's  Office  of  said  Court. 

10.  (Viaduct.)     Deed  from  the  Chicago,  Rock  Island  and  Pacific 
Railway  Company  and  the  Chicago,  Burlington  and  Quincy  Railway 
Company,  dated  December  23,  1890,  conveying  the  right  of  way  for 


100  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

a  viaduct,  etc.     Recorded  in  Book  87,  page  460,  of  the  deed  records 
of  Bock  Island  County. 

11.  (For  same.)     Deed  from  the  Moline  and  Rock  Island  Railroad 
Company,  dated  January  19,  1890,  ceding  a  portion  of  its  right  of 
way.     Recorded  in  Book  87,  page  469,  of  same  records. 

12.  (For  same.)     Deed  from  the  St.  Louis,  Rock  Island  and  Chi- 
cago Railroad  Company,  dated  January  23,  1891,  conveying  portion 
of  its  right  of  way.     Recorded  in  Book  87,  page  465,  of  same  records. 

13.  (For  same.)     Deed  from  the  City  of  Rock  Island,  dated  De- 
cember 17,  1890,  conveying  right  of  way!     Recorded  in  Book  87,  page 
453,  of  same  records. 

14.  Ordinance  of  City  Council  of  the  City  of  Rock  Island  author- 
izing foregoing  conveyance.     Certified  copy  recorded  in  Book  87, 
page  457,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  February  1,  1867,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  over  the  island 
of  Rock  Island  and  the  small  islands  contiguous  thereto,  known  as 
Benhams,  Wilsons,  and  Winnebago  Islands  and  their  shores,  taken 
and  assigned  by  the  United  States  for  the  establishment  of  an  arsenal 
and  armory,  be,  and  is  hereby,  ceded  to  the  said  United  States,  pro- 
vided that  the  Commanding  Officer  shall,  on  application  of  a  com- 
petent State  Officer,  allow  the  execution  of  all  civil  and  criminal 
process  issued  under  authority  of  the  State  of  Illinois  on  said  Islands 
in  the  same  way  and  manner  as  if  jurisdiction  had  not  been  ceded  as 
aforesaid. 

"  SEC.  2.  Be  it  further  enacted,  That  the  islands  before  named  and 
the  public  buildings  and  other  property  that  may  be  thereon  shall 
forever  hereafter  be  exempted  from  all  State,  County,  and  Municipal 
Taxation  and  assessment  whatever,  so  long  as  the  same  shall  be  used 
by  the  United  States  as  an  Arsenal  and  Armory." 

See  also  General  Acts  of  Cession;  and  Appendix,  page  496. 

Easements:  Act  of  Congress  approved  March  2,  1867,  amended  by 
the  Act  of  July  20,  1868,  granted  a  right  of  way  across  the  govern- 
ment bridge  to  the  Rock  Island  and  Pacific  Railway  Company,  for 
the  purposes  of  transit  across  the  island  and  river,  upon  certain 
conditions. 

Act  of  Congress  approved  March  3,  1885  (23  Stats.,  435)  granted 
privilege  to  Davenport  and  Rock  Island  Street  Railway  Company 
to  run  cars  on  reservation  and  bridge  under  such  restrictions  as  the 
Secretary  of  War  may  impose. 

Agreement  with  the  Moline  Water  Power  Company,  dated  August 
20,  1867,  conveying  to  the  United  States  the  entire  water  power  of 
said  company :  the  United  States  granting  to  said  Company  the  free 
use  of  one- fourth  of  such  power,  etc. 

Revocable  Licenses:  License,  October  22,  1884,  to  the  Sylvan  Steel 
Company  to  cut  through  the  dike  built  by  the  United  States  along 
the  pool  side  of  Sylvan  Island  and  take  water  through  an  eight  inch 
pipe  from  the  pool. 

License,  September  10,  1888,  to  the  Central  Union  Telegraph  Com- 
pany to  run  electric  wires  across  the  government  bridges. 

License,  November  20,  1893,  to  the  Davenport  and  Rock  Island 
Railroad  Company  to  substitute  electric  for  horse  power  cars  on  the 
reservation.  Amended  May  15,  1907. 


ILLINOIS.  101 

License,  February  12,  1894,  to  the  People's  Power  Company  to 
maintain  a  line  of  electric  light  wires  upon  and  across  the  government 
bridge.  Renewed  and  modified  May  28,  1907. 

License,  June  23,  1898,  to  the  Rock  Island  and  Eastern  Illinois 
Railway  Company  to  construct,  maintain  and  operate  its  tracks 
through  so  much  of  the  abandoned  tail  race  south  of  the  Moline  dam 
wall  as  is  the  property  of  the  United.  States,  and  along  or  through 
the  south  edge  of  the  water  power  pool,  on  either  side  of  the  Moline 
bridge  and  across  said  bridge,  etc.  License  renewed  May  22,  1907,  to 
successor,  the  Davenport,  Rock  Island  and  Northwestern  Railway 
Company. 

License,  June  3,  1899,  to  the  Tri-City  Railway  Company  to  extend 
and  operate  a  single  track  railway  upon  the  grounds  of  the  Rock 
Island  Arsenal.  License  limited,  March  10,  1905,  to  five  years. 
License  renewed  and  modified  September  11,  1908. 

License,  June  24,  1902,  to  the  Union  Telephone  and  Telegraph 
Company  to  place  electric  cables  or  wires  over  government  bridge. 

License,  November  11,  1904,  to  city  of  Moline,  for  ten-inch  water 
main. 

License,  December  5,  1905,  to  Rock  Island  Golf  Club  for  use  of 
golf  links  and  for  construction  of  building  for  use  of  club. 

License,  October  8,  1906,  to  "  Old  Settlers  "  Association  to  repair 
and  maintain  "  Old  Davenport  House." 

License,  October  25,  1906,  to  The  Moline  Water  Power  Company, 
for  electric  pole  line. 

License,  March  2,  1907,  to  The  City  of  Moline,  for  motor-driven 
centrifugal  pump  in  connection  with  the  city's  water  main. 

ROCK    ISLAND    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  a  little  over  1  acre,  and  is  situ- 
ated near  the  upper  or  east  end  of  the  island  of  Rock  Island,  and  is 
a  part  of  that  reservation.  About  1,150  yards  northwest  of  the  above 
cemetery  is  a  burial  lot  in  which  are  buried  the  remains  of  1,928  Con- 
federate soldiers  who  died  here  while  held  as  prisoners  of  war. 

For  title,  jurisdiction,  etc.,  see  Rock  Island  Arsenal. 

FORT   SHERIDAN. 

This  reservation  contains  an  area  of  about  722  acres  and  is  situated 
in  Lake  County,  25  miles  north  of  the  City  of  Chicago,  on  Lake 
Michigan.  The  original  reservation,  containing  about  632.50  acres, 
was  conveyed  to  the  United  States  by  Citizens  of  Chicago  in  1886  and 
accepted  by  the  Secretary  of  War  November  19,  1887,  under  authority 
of  Joint  Resolution  of  Congress  of  March  3,  1887.  The  title  was  con- 
veyed as  follows: 

1.  Deed  from  Adolphus  C.  Bartlett  et  al.,  dated  October  6,  1887, 
conveying  598.50  acres  in  Lake  County.    Recorded  in  Vol.  86,  page 
406  et  seq.,  of  the  deed  records  of  Lake  County. 

2.  Deed  from  Adolphus  C.  Bartlett  et  al.  dated  October  6,  1887, 
conveying  34  acres  in  Lake  County.    Recorded  in  Vol.  86,  page  410 
et  seq.,  of  same  records. 

By  Act  of  March  3,  1903  (32  Stat,  L.,  1129),  as  amended  by  Act  of 
April  28, 1904  (34  Stat.  L.,  497) ,  provision  was  made  for  the  purchase 


102  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

of  about  84  acres  as  an  addition  to  this  reservation.     Under  this 
authority  the  following  tracts  have  been  acquired : 

A. — Michael  Sweeney's  subdivision  of  part  of  the  southwest  quarter 

of  section  10,  township  43  north,  range  12  east : 
Block  1  (containing  19  lots)  — 

Lots  1  to  19,  inclusive.     Deed  from  Michael  Sweeney  et  ux.,  dated 
October  5,  1907,  conveying  Lots  1  to  19  inclusive;  recorded 
Book  165,  page  163,  of  same  records. 
Block  2  (containing  41  lots)  — 

Lots  1  to  41,  inclusive.     By  same  deed  as  Block  1,  supra. 
Block  3.     Deed  from  Fayette  S.  Munro  et  ux.,  dated  December  18, 
1907,  conveying  part  of  Block  3  lying  easterly  of  the  right  of 
way  of  the  Chicago  &  Milwaukee  Electric  Railway  Company, 
together  with  rights  in  streets ;  recorded  in  Book  165,  page  164, 
of  same  records. 
Block  4  (containing  3  lots)  — 

Lots  1,  2,  and  3.     By  same  deed  as  Block  1,  supra. 

Also,  the  streets  and  avenues  arid  certain  part  of  the  Subdivision 
lying  easterly  of  Sheridan  Avenue.     Same  deed  as  Block  1, 
supra. 
B. — J.  S.  Pr all's  Subdivision  in  the  west  half  of  the  southeast  quarter 

of  section  10,  township  43  north,  range  12  east : 
Block  1  (containing  24  lots)  — 

Lot  1.  Deed  from  Lizzie  Good,  dated  December  10,  1906,  con- 
veying Lots  1,  5,  6,  7,  and  24,  in  Block  1,  and  Lots  3,  4,  and  5  in 
Block  2 ;  recorded  in  Book  165,  page  123,  of  same  records ;  and 
Quitclaim  deed  from  W.  W.  Wagoner,  et  ux.,  dated  July  1, 
1907,  to  the  same  Lots,  and  also  Lots  21  and  22  in  Block  5; 
recorded  in  Book  149,  page  411,  of  same  records. 

Lots  2  and  3.  Decree  in  condemnation,  in  case  of  U.  S.  v.  Lizzie 
Good,  in  U.  S.  District  Court  for  Northern  District  of  Illinois, 
rendered  August  1,  1907. 

Lot  4.  Deed  from  Ada  J.  Hogan,  et  vir,  dated  June  24, 1906,  con- 
veying Lot  4  in  Block  1,  Lot  2  in  Block  2,  Lot  29  in  Block  4, 
and  Lot  9  in  Block  7;  recorded  Book  137,  page  620,  of  same 
records. 

Lots  5,  6  and  7.  See  Lot  No.  1,  supra. 

Lot  8.  Deed  from  Patrick  Gallahger,  et  al.,  dated  September  28, 
1906,  conveying  Lot  8 ;  recorded  in  Book  137,  page  569,  of  same 
records. 

Lots  9  and  10.  Deed  from  John  Brown,  dated  November  28, 1906, 
conveying  Lots  9  and  10;  recorded  in  Book  137,  page  630,  of 
same  records. 

Lot  11.  See  Lot  No.  2,  supra.    Condemnation. 

Lot  12.  Deed  from  Edward  J.  Neil,  dated  October  17,  1906,  con- 
veying Lot  12 ;  recorded  in  Book  137,  page  556,  of  same  records. 

Lots  13  and  14.  Deed  from  Edward  Harte  et  ux.,  dated  Septem- 
ber 24,  1906,  conveying  Lots  13  and  14;  recorded  in  Book  137, 
page  565,  of  same  records. 

Lots  15  and  16.  Deed  from  Annie  Shaw,  dated  June  3,  1907,  con- 
veying Lots  15  and  16 ;  recorded  in  Book  165 ;  page  27,  of  same 
records.  Also  by  Condemnation ;  Lot  2,  supra. 

Lot  17.  See  Lot  No.  2,  supra,  condemnation. 


ILLINOIS.  103 

Lots  18  and  19.  Deed  from  Annie  Daniels  et  vir,  dated  September 
20,  1906,  conveying  Lots  18  and  19 ;  recorded  in  Book  137,  page 
523,  of  same  records. 

Lot  20.  Deed  from  Clarence  S.  Gould  et  ux.,  dated  September  26, 
1906,  conveying  Lot  20;  recorded  in  Book  162,  page  323,  of 
same  records. 

Lot  21.  Deed  from  Charles  Hudemann,  dated  September  28, 1906, 
conveying  Lot  21 ;  recorded  in  Book  162,  page  112,  of  same 
records. 

Lots  22  and  23.  Deed  from  Edward  Whiting  et  ux.,  dated  Octo- 
ber 1,  1906,  conveying  Lots  22  and  23;  recorded  in  Book  162, 
page  353,  of  same  records. 

Lot  24.  See  Lot  1,  supra. 
Block  2  (containing  29  lots)- 

Lot  1.  Condemnation.     (See  Lot  2,  Block  1,  supra.) 

Lot  2.  Deed  from  Ada  J.  Hogan  et  vir.  See  Lot  4,  Block  1, 
supra. 

Lots  3,  4,  and  5.  Deed  from  Lizzie  Good.  See  Lot  1,  Block  1, 
supra. 

Lots  6  and  7.  Deed  from  William  Menkennaier  et  ux.,  dated  Sep- 
tember 25, 1906,  conveying  Lots  6  and  7 ;  recorded  in  Book  165, 
page  15,  of  same  records1. 

Lot  8.  Deed  from  Patrick  D.  Hickey,  dated  September  19,  1906, 
conveying  Lot  8;  recorded  in  Book  137,  page  546,  of  same 
records. 

Lot  9.  Deed  from  May  Rankin,  dated  September  19,  1906,  con- 
veying Lot  9 ;  recorded  in  Book  137,  page  612,  of  same  records. 

Lots  10  and  11.  Deed  from  Alfred  C.  Markley  et  ux.,  dated  Octo- 
ber 3,  1906,  conveying  Lots  10  and  11  in  Block  2,  and  Lot  27  in 
Block  4 ;  recorded  in  Book  162,  page  178,  of  same  records. 

Lots  12  to  27,  inclusive.  Decree  in  condemnation,  in  case  of  U. 
S.  v.  George  S.  Beach  et  al.,  in  U.  S.  District  Court  for 
Northern  District  of  Illinois;  case  No.  9515;  rendered  March 

.   30,  1908. 

Lot  28.  Condemnation.    See  Lot  2,  Block  1,  supra. 

Lot  29.  Deed  from  James  Kelly,  dated  September  25,  1906,  con- 
veying  Lot  29;    recorded    in    Book  162,  page  151,  of   same 
records. 
Block  3— 

That  part  of  Block  3   lying  east  of  the  right  of  way  of  the 
Chicago  &  Milwaukee  Electric  Railroad  Company.     By  Con- 
demnation.   See  Lot  12,  Block  2. 
Block  4  (containing  43  lots) — 

Lots  1,  2,  3,  4,  part  of  Lots  5  and  40,  and  Lots  41,  42,  43,  and  44, 
not  acquired.  No  Lot  numbered  "  28." 

Lot  5.  That  part  of  Lot  5  which  lies  east  of  the  right  of  way 
of  the  Chicago  &  Milwaukee  Electric  Railroad  Co.  Same  as 
Lot  12,  Block  2,  supra. 

Lot  6.  Condemnation ;  same  as  Lot  12,  Block  2,  supra. 

Lot  7.  Deed  from  Flora  and  Margaret  Goldrick,  dated  February 
13,  1907,  conveying  Lot  7;  recorded  in  Book  162,  page  184, 
of  same  records. 

Lot  8.  Condemnation ;  same  as  Lot  12,  Block  2,  supra. 

Lot  9.  Condemnation ;  same  as  Lot  12,  Block  2,  supra. 


104  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Lots  10  and  11.  Deed  from  William  O'Flaherty  et  ux.,  dated 
October  2,  1906,  conveying  Lots  10  and  11 ;  recorded  in  Book 
165,  page  4,  of  same  records. 

Lot  12,  13,  14,  and  15.  Condemnation ;  same  as  Lot  2,  Block  1. 

Lot  16.  Deed  from  Robert  H.  Holmes,  dated  January  2,  1907, 
conveying  Lot  16;  recorded  in  Book  162,  page  374,  of  same 
records. 

Lots  17  and  18.  Deed  from  Rose  B.  Seifert  et  vir,  dated  Septem- 
ber 25,  1906,  conveying  Lots  17  and  18 ;  recorded  in  Book  165, 
page  3,  of  same  records. 

Lots  19  and  20.  Condemnation ;  same  as  Lot  12,  Block  2. 

Lot  21.  Deed  from  George  J.  Williams  et  ux.,  dated  September 
29,  1906,  conveying  Lot  21 ;  recorded  in  Book  137,  page  530,  of 
same  records. 

Lot  22  to  25,  inclusive.  Condemnation ;  same  as  Lot  12,  Block  2. 

Lot  26.  Condemnation ;  same  as  Lot  2,  Block  1. 

Lot  27.  See  deed  from  Alfred  C.  Markley  et  ux.,  Lot  10,  Block  2. 

Lot  29.  See  deed  from  Ada  J.  Hogan  et  vir,  Lot  4,  Block  1. 

Lots  30,  31,  32,  33.  Condemnation;  same  as  Lot  12,  Block  2. 

Lot  34.  Deed  from  Frederika  Rose  Baker,  dated  September  25, 
1906,  conveying  Lot  34;  recorded  in  Book  137,  page  578,  of 
same  records. 

Lot  35.  Condemnation ;  same  as  Lot  12,  Block  2. 

Lot  36.  Deed  from  Samuel  L.  Clonsky,  dated  September  26, 
1906,  conveying  Lot  36;  recorded  in  Book  162,  page  188,  of 
same  records. 

Lots  37,  38,  39.  Condemnation ;  same  as  Lot  12,  Block  2. 

Lot  40.  That  part  of  Lot  40  lying  east  of  the  right  of  way  of  the 
Chicago   &   Milwaukee    Electric    Railroad    Company.      Con- 
demnation ;  same  as  Lot  12,  Block  2. 
Block  5  (containing  37  lots)  — 

Lot  1.  That  part  of  Lot  1  which  lies  east  of  the  right  of  way  of 
the  Chicago  &  Milwaukee  Electric  Railroad  Company.  Con- 
demnation; same  as  Lot  12,  Block  2. 

Lots  2,  3,  4,  5,  6,  7,  8,  9  and  10.  Condemnation ;  same  as  Lot  12, 
Block  2. 

Lot  11.  Condemnation;  same  as  Lot  12,  Block  2;  and  Deed 
from  Thomas  F.  Blaha  et  ux.,  dated  June  13,  1907,  conveying 
Lot  11 ;  recorded  in  Book  165,  page  75,  of  same  records. 

Lot  12.  Deed  from  Hugo  Acht  et  ux.,  dated  March  20,  1907, 
conveying  Lots  12,  13,  18,  33,  and  part  of  34  and  35,  in  Block 
5,  and  Lot  12  in  Block  7;  recorded  in  Book  162,  page  436,  of 
same  records. 

Lot  13.   (See  Lot  12,  supra.) 

Lots  14  and  15.  Deed  from  George  Boldizsar  et  ux.,  dated  Sep- 
tember 29,  1906,  conveying  Lots  14  and  15;  recorded  in  Book 
137,  page  531,  of  same  records. 

Lots  16  and  17.  Deed  from  John  Beschke  et  ux.,  dated  Septem- 
ber 19,  1906,  conveying  Lots  16  and  17 ;  recorded  in  Book  137, 
page  549,  of  same  records. 

Lot  18.   (See  Lot  12,  supra.) 

Lots  19  and  20.  Condemnation ;  same  as  Lot  12,  Block  2. 

Lots  21  and  22.  Condemnation ;  same  as  Lot  2,  Block  1 ;  also, 
Deed  from  Lizzie  Good,  dated  January  16,  1907,  conveying 


ILLINOIS.  105 

Lots  21  and  22;  recorded  in  Book  165,  page  24,  of  same 
records ;  and  quitclaim  deed  from  John  C.  Sands  et  ux.,  dated 
February  7,  1907,  covering  same  property;  recorded  in  Book 
149,  page  412,  of  same  records.  See,  also,  quitclaim  deed 
from  W.  W.  Wagoner  et  ux.,  to  same  property,  under  Lot  1, 
Block  1,  supra. 

Lots  23,  24,  25,  26,  27,  28,  29,  30,  31,  and  32.  Condemnation; 
same  as  Lot  12,  Block  2. 

Lot  33.   (See  Lot  12,  supra.) 

Lots  34  and  35 — a  part  of  these  lots  only.     (See  Lot  12,  supra.) 

Lots  36  and  37.  Not  acquired. 
Block  6  (containing  24  lots)  — 

Lots  1,  2,  3,  4,  5.  Condemnation;  same  as  Lot  2,  Block  1. 

Lots  6  and  7.  Deed  from  John  J.  Condon,  dated  September  28, 
1906,  conveying  Lots  6  and  7  in  Block  6,  and  the  south  25'  of 
Lot  15  in  Block  7;  recorded  in  Book  137,  page  579,  of  same 
records;  and  quitclaim  deed  from  William  F.  Hogan  et  ux., 
dated  October  25,  1906,  conveying  same  Lots  in  Block  6,  re- 
corded in  Book  149,  page  295,  of  same  records. 

Lots  8  and  9.  Condemnation ;  same  as  Lot  2,  Block  1. 

Lots  10,  11,  and  12.  Deed  from  John  Sullivan  et  ux.,  dated  Sep- 
tember 24,  1906,  conveying  Lots  10,  11, -and  12;  recorded  in 
Book  137,  page  518,  of  same  records;  and  quitclaim  deed  from 
J.  S.  Prall  et  ux.,  dated  November  3,  1906,  conveying  same 
property;  recorded  in  Book  149,  page  249,  of  same  records; 
and  quitclaim  deed  from  Ada  J.  Hogan  et  vir,  dated  Novem- 
ber 5,  1906,  conveying  Lot  12 ;  recorded  in  Book  149,  page  248, 
of  same  records. 

Lot  13.  Deed  from  Henry  F.  Pelton  et  ux.,  dated  September  29, 
1906,  conveying  Lot  13;  recorded  in  Book  162,  page  170,  of 
same  records. 

Lot  14.  Deed  from  Carl  Copeland  et  ux.,  dated  November  8, 

1906,  conveying  Lot  14;  recorded  in  Book  137,  page  529,  of 
same  records. 

Lot  15.  Condemnation ;  same  as  Lot  2,  Block  1.  Also  deed  from 
Anna  Kaiser  et  vir,  dated  September  25,  1906,  conveying  Lot 
15;  unrecorded. 

Lot  16.  Deed  from  Richard  Shannon  et  ux.,  dated  February  12, 

1907,  conveying  Lot  16;  recorded  in  Book  137,  page  615,  of 
same  records. 

Lot  17.  Deed  from  Richard  Shannon  et  ux.,  dated  February  12, 
1907,  conveying  Lot  17;  recorded  in  Book  149,  page  337,  of 
same  records. 

Lots  18,  19,  20,  21,  22,  and  part  Lot  23.  Condemnation;  same  as 
Lot  2,  Block  1 ;  also,  deed  from  Emma  Carlson  et  vir,  dated 
July  30,  1907,  conveying  Lots  18,  19,  20,  21,  22,  and  part  of 
Lot  23;  recorded  in  Book  165,  page  122,  of  same  records. 
See  Lot  24,  infra. 

Lot  24.  Deed  from  Sebastian  Rettig  et  ux.,  dated  September  20, 
1906,  conveying  Lot  24,  and  the  west  18'  of  Lot  23;  recorded 
in  Book  137,  page  522,  of  same  records. 
Block  7  (containing  15  lots)  — 

Lot  1.  Deed  from  John  S.  Kelly,  dated  September  25,  1906,  con- 
veying Lot  1 ;  recorded  in  Book  165,  page  1,  of  same  records. 

Lots  2,  3,  and  4.  Condemnation ;  same  at  Lot  2,  Block  1. 


106  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

Lot  5.  Deed  from  Robert  H.  Patterson  et  ux.,  dated  September 

27,  1906,  conveying  Lot  5;  recorded  in  Book  165,  page  2,  of 

same  records. 
Lot  6.  Deed  from  Delia  Sweeney  et  vir,  dated  October  3,  1906, 

conveying  Lot  6;  recorded   in  Book   165,  page  24,  of  same 

records. 
Lot  7.  Deed  from  Vencel  Muzike  et  ux.,  dated  September  19, 

1906,  conveying  Lot  7;  recorded  in  Book  137,  page  533,  of 

same  records. 
Lot  8.  Deed  from  Aaron  A.  Dahl  et  ux.,  dated  September  20, 

1906,  conveying  Lot  8;  recorded  in  Book  137,  page  536,  of 

same  records. 

Lot  9.   (See  Lot  4,  Block  1.) 
Lots  10  and  11.  Deed  from  Julia  Conley  et  vir,  dated  September 

28, 1906,  conveying  Lots  10  and  11 ;  recorded  in  Book  137,  page 

520,  of  same  records. 
Lot  12.   (See  Lot  12,  Block  5.) 
Lot  13.  Deed  from  Clara  Pell  Townsend,  dated  October  10,  1906, 

conveying  Lot  13;  recorded  in  Book  165,  page  171,  of  same 

records.    Also,  Condemnation;  same  as  Lot  2,  Block  1. 
Lot  14.  Deed  from  Frank  T.  Hennig  et  ux.,  dated  October  23, 

1906,  conveying  Lot  14;  recorded  in  Book  158,  page  224,  of 
same  records. 

Lot  15.  Deed  from  Thomas  McGlone,  dated  September  19,  1906, 
conveying  Lot  15,  except  the  south  25'  thereof;  recorded  in 
Book  137,  page  519,  of  same  records.  See,  also,  for  the  south 
25',  Lot  6,  Block  6. 

Deed  from  the  Chicago  &  Northwestern  Railroad  Company, 
dated  June  1,  1907,  conveying  right  of  way  100  feet  in  width 
across  part  of  the  southeast  quarter  of  section  10,  west  of  Wau- 
kegan  highway;  recorded  in  Book  167,  page  38,  of  same 
records. 

Also,  Condemnation;  same  as  Lot  2,  Block  1. 

.C. — E.  Ashley  Mears'  subdivision  of  the  north  half  of  the  northeast 
quarter  of  section  15,  township  43  north,  range  12  east  (accord- 
ing to  survey  of  Gustaf  H.  Carlson,  surveyor.  Nov.  4,  1904)  : 
Block  18.   (containing  17  tracts,  lettered  from  C'A"  to  "  Q,"  in- 
clusive)— 

Tract  "A."  Deed  from  Phoenix  Mutual  Life  Insurance  Com- 
pany, dated  December  22,  1906,  conveying  this  tract;  recorded 
in  Book  162,  page  307,  of  same  records. 

Tract  "  B."  Condemnation ;  same  as  Lot  2,  Block  1,  supra. 

Tract  "  C."  Deed  from  Joseph  Delhaye  et  ux.,  dated  April  13, 

1907,  conveying  this  tract;  recorded  in  Book  165,  page  25,  of 
same  records. 

Tract  "  D."  Deed  from  Frank  J.  Hawkins  et  ux.,  dated  Septem- 
ber 24,  1906,  conveying  tract  "D"  of  Block  18;  and  tract 
"  W  "  of  Block  19 ;  recorded  in  Book  137,  page  554,  of  same 
records ;  and  quitclaim  deed  from  Emil  Rudolph  et  ux.,  dated 
November  5,  1906,  covering  tract  "  D  "  of  Block  18 ;  recorded 
in  Book  149,  page  273,  of  same  records. 

Tract  "  E."  Condemnation ;  same  as  Lot  2,  Block  1,  supra.  And 
Deed  from  E.  Ashley  Mears,  et  al.,  dated  June  6,  1907,  con- 
veying tract  "  E ;"  recorded  in  Book  166,  page  222,  of  same 
records. 


ILLINOIS.  107 

Tract  "  F."  Deed  from  Otto  C.  Butz  et  ux.,  dated  September  24, 
1906,  conveying  tract  "  F ;"  recorded  in  Book  137?  page  548, 
of  same  records. 

Tract  "  G."  Deed  from  Annie  Johnson  et  vir,  dated  October  10, 

1906,  -conveying  tract  "  G ;"  recorded  in  Book  137,  page  638, 
of  same  records. 

Tract  "  H."  Deed  from  John  Johnson,  dated  September  20,  1906, 
conveying  tract  "H;"  recorded  in  Book  137,  page  637,  of 
same  records. 

Tract  "I."  Deed  from  Emil  Rudolph  et  ux.,  May  14,  1907, 
conveying  tract  "  I;"  recorded  in  Book  137,  page  603,  of  same 
records. 

Tract  "  J."  Condemnation ;  same  as  Lot  2,  Block  1,  supra. 

Tract  "  K."  Deed  from  Mary  Davis  et  vir,  dated  June  15,  1907, 
conveying  tract  "  K;"  recorded  in  Book  165,  page  103,  of  same 
records.  Also,  condemnation;  same  as  Lot  2,  Block  1,  supra. 

Tract  "L."  Deed  from  Nellie  Matthews,  dated  July  10,  1907, 
conveying  tract  "  L ;  "  recorded  in  Book  163,  page  88,  of  same 
records ;  and  quitclaim  deed  from  Julia  Weinacht  et  vir,  dated 
June  30,  1907,  covering  same  tract;  recorded  in  Book  149, 
page  394,  of  same  records.  Also,  condemnation;  same  as  Lot 
2,  Block  1,  supra. 

Tract  "  M."  Deed  from  William  F.  Hogan  et  ux.,  dated  June  7, 

1907,  conveying  tract  "M;"  recorded  in  Book  165,  page  100, 
of  same  records;  and  quitclaim  deed  from  E.  Ashley  Mears 
et  ux.,  dated  June  6,  1907,  covering  same  tract;  recorded  in 
Book  166,  page  210,  of  same  records;  also  releases  of  Joseph 
E.    Burchell,   trustee,   dated   June    10,    1907,    covering  same 
tract;  recorded,  respectively  in  Book  177,  page  75,  and  Book 
148,  page  384,  of  same  records.    Also,  condemnation;  same  as 
Lot  2,  Block  1,  supra. 

Tract  "  N."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 

Tract  "  O."  Condemnation ;  same  as  Lot  2,  Block  1,  supra. 

Tract  "  P."  Deed  from  Logan  Council  Building  and  Loan  Asso- 
ciation, dated  August  15,  1907,  conveying  tract  "  P;  "  recorded 
in  Book  167,  page  33,  of  same  records.  Also,  condemnation; 
same  as  Lot  2,  Block  1,  supra. 

Tract  "  Q."  Deed  from  Emil  Rudolph  et  ux.,  dated  September 
23,  1907,  conveying  tract  "Q";  recorded  in  Book  165,  page 
110,  of  same  records.     Also,  condemnation;  same  as  Lot  2, 
Block  1,  supra. 
Block  19  (16  tracts) - 

Tract  "R."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 

Tract  "  Ra."  Deed  from  the  Chicago  Title  and  Trust  Company, 
trustee,  dated  August  6,  1906,  conveying  tracts  "Ra,"  "X," 
"A,"  and  "Da"  of  Block  19,  and  tracts  "J,"  " F,"  and  "E" 
of  Block  '20 ;  recorded  in  Book  162,  page  146,  of  same  records. 

Tract  "  S."  Deed  from  Francis  C.  Foster  et  ux.,  dated  Sepember 
28,  1906,  conveying  tract  "S;"  recorded  in  Book  162,  page 
296,  of  same  records. 

Tract  "T."  Deed  from  Josephine  E.  Prall,  dated  October  8, 
1906,  conveying  tract  "  T ; "  recorded  in  Book  165,  page  14,  of 
same  records ;  and  quitclaim  deed  from  Reginald  G.  R.  Carne 
et  ux.,  dated  June  26,  1907,  covering  same  tract;  recorded  in 
Book  149,  page  333,  of  same  records. 


108  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Tract  "Ta."  Condemnation;  same  at  Lot  2,  Block  1,  supra. 
Tract  "U."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 
Tract   "V."  Deed    from   the   Hartford    Theological    Seminary, 
dated  March  11,  1907,  conveying  tracts  "V"  and  "D"  of 
Block  19,  and  tract  "  I "  of  Block  20 ;  recorded  ,in  Book  166, 
page  95,  of  same  records. 

Tract  "  Va."  Deed  from  the  Chicago  Title  and  Trust  Company, 
trustee,  dated  August  6,  1906,  conveying  tract  "  Va ;  "  recorded 
in  Book  162,  page  144,  of  same  records;  and  quitclaim  deed 
from  Frank  P.  Hawkins  et  ux.,  dated  October  11,  1906,  cov- 
ering same  tract;  recorded  in  Book  149,  page  256,  of  same 
records. 

Tract  "W."   (See  Tract  "D"  of  Block  18,  supra.     Also  Con- 
demnation; same  as  Lot  2,  Block  1,  supra.) 
Tract  "  X."   (See  Tract  "  Ra,"  supra.) 

Tract  "  Xa."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 
Tract  "A."   (See  Tract  "Ra,"  supra.) 

Tract  "B."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 
Tract  "  C."  Condemnation;  same  as  Lot  2,  Block  1,  supra.    Also, 
deed  from  John  R.  Coyne,  trustee,  dated  October  31,  1907,  con- 
veying tract  "  C ; "  recorded  in  Book  165,  page  170,  of  same 
records. 

Tract  "D."   (See  Tract  UV,"  supra.) 
Tract  "Da."  (See  Tract  "Ra,"  supra.) 
Block  20  (containing  6  tracts)  — 
Tract  "  E."  (See  Tract  "  Ra  "  of  Block  19,  supra.) 
Tract  "  F."  (See  Tract  "  Ra  "  of  Block  19,  supra.) 
Tract  "  G."  Condemnation;  same  as  Lot  2,  Block  1,  supra. 
Tract  "  H."  Deed  from  Gustave  Pabst  et  ux.,  dated  February  25, 
1907,  conveying  tract  "  H  " ;  recorded  in  Book  165,  page  8,  of 
same  records. 

Tract  "  I."  (See  Tract  "  V  "  of  Block  19,  supra.) 
Tract  "  J."  (See  Tract  "  Ra  "  of  Block  19,  supra.) 
By  Act  of  May  27,  1908  (35  Stat.  L.,  364),  provision  was  made  for 
the  purchase  of  a  triangular  tract  of  land  on  Lake  Michigan,  adjacent 
to  the  north  line   of  the   Fort   Sheridan   reservation,  as  described 
therein,  and  containing  11.5  acres,  more  or  less.     Under  this  authority 
the  title  was  acquired  by  the  following  deed : 

Deed  from  Rebecca  P.  McNeill,  et  vir,  dated  February  26,  1909, 
conveying  12.14  acres.  Recorded  in  Book  170,  page  14,  of  same 
records. 

Jurisdiction:  By  an  Act  of  the  State  Legislature,  approved  June 
6,  1887,  consent  to  the  purchase  of  the  original  reservation  was  given 
and  jurisdiction  ceded  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Illinois  is  hereby  given  to  the  acquiring  of  title  by  the  United  States, 
by  purchase  or  otherwise,  to  the  following  described  real  estate  or 
any  portion  thereof  situated  in  the  County  of  Lake  [here  describes 
the  real  estate  conveyed  by  deeds  of  Oct.  6,  1887,  supra]. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  Illinois  in  and  over  the 
said  property,  or  such  part  thereof  as  the  United  States  may  so 
acquire  title  to,  shall  be,  and  the  same  hereby  is  ceded  to  the  United 
States,  subject  to  the  restrictions  hereinafter  mentioned. 

"  SEC.  3.  The  said  consent  is  given,  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  Illinois  shall  retain  a 


ILLINOIS.  109 

concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
property  so  far  as  that  the  execution  of  all  civil  and  criminal  proc- 
esses which  may  issue  under  the  laws  or  authority  of  the  State  of 
Illinois  shall  be  allowed  thereon  on  application  to  the  officer  of  the 
United  States  in  charge  thereof  in  the  same  way  and  manner  as  if 
such  consent  had  not  been  given  or  jurisdiction  ceded,  except  so  far 
as  such  processes  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  in  any  respect 
to  any  portion  of  said  real  estate  until  the  United  States  shall  have 
acquired  the  title  thereto  by  purchase  or  otherwise. 

"  SEC.  5.  The  said  property,  when  acquired  by  the  United  States, 
and  so  long  as  the  same  shall  remain  the  property  of  the  United 
States  and  be  used  for  public  purposes,  and  no  longer,  shall  be  and 
continue  exonerated  and  discharged  from  all  taxes,  assessments,  and 
other  charges  which  may  be  levied  or  imposed  under  the  authority 
of  this  State."  (Illinois  Stats.,  1898,  p.  1522a,  Sec.  10.) 

See  also  General  Acts  of  Cession. 

Revocable  licenses:  License,  April  24,  1889,  to  the  Chicago  and 
Northwestern  Railway  Company  to  construct  and  maintain  a  side 
track  upon  the  reservation.  License  modified  November  17,  1904. 

License,  September  20,  1894,  to  the  Chicago  and  Northwestern 
Railway  Company  to  lay  a  two-inch  galvanized  pipe  on  the  reser- 
vation, and  to  connect  same  with  the  government  supply  pipe. 

License,  February  28,  1895,  to  the  Chicago  and  Northwestern  Rail- 
way Company  to  construct  a  six-inch  sewer  on  the  reservation  and 
connect  same  with  existing  post  sewer. 

License,  March  16,  1900^  to  D.  S.  McMullin  to  lay  and  maintain  a 
gas  main  through  the  reservation. 

License,  December  20,  1904,  to  Chicago  Telephone  Company,  for 
telephone  system. 

License,  May  29,  1905,  to  Indiana  Transportation  Company ;  July 
28,  1905,  to  Northern  Michigan  Transportation  Company;  and  July 
21,  1906,  to  Chicago  Northern  Navigation  Company,  for  landing  ves- 
sels at  Government  pier. 

License,  October  9,  1906,  to  Chicago  Telephone  Company,  for 
"underground  conduit,  and  a  pole  telephone  line  east  of  the  pro- 
posed new  highway,  in  parkway,"  through  the  reservation  and  "  the 
proposed  addition  thereto." 

License,  May  15,  1906,  to  Chicago  and  Milwaukee  Electric  Rail- 
road Company,  for  maintenance  of  tracks  on  highway  adjoining 
Chicago  and  Northwestern  Railway  Company,  and  upon  acquisition 
of  proposed  addition  to  reservation,  to  construct  and  maintain 
thereon  a  passenger  station  adjoining  proposed  right  of  way  to  be 
acquired  by  said  company. 

WOODLAND    CEMETERY,  "  SOLDIER'S    LOT." 

This  property  is  known  as  Lot  No.  33,  in  Block  1,  in  Woodland 
Cemetery,  in  the  County  of  Adams.  The  title  is  as  follows: 

Deed  from  John  Wood,  Attorney  in  fact,  etc.,  dated  February  12, 
1870,  conveying  above  lot.  Recorded  in  Book  1  of  Cemetery  Lots, 
pages  70  and  71,  of  the  deed  records  at  Quincy,  Adams  County. 

For  jurisdiction  see  General  Acts  of  Cession. 


110  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

INDIANA. 

GENERAL    ACTS    OF    CESSION. 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State 
is  hereby  ceded  to  the  United  States  of  America  over  all  such  pieces 
or  parcels  of  land  within  the  limits  of  this  State  as  have  been  or 
shall  hereafter  be  selected  and  acquired  by  the  United  States  for 
the  purpose  of  erecting  post-offices,  custom-houses,  or  other  structures 
exclusively  owned  by  the  General  Government  and  used  for  its  pur- 
poses :  Provided,  That  an  accurate  description  and  plat  of  such  lands 
so  acquired,  verified  by  the  oath  of  some  officer  of  the  General  Gov- 
ernment having  knowledge  of  the  facts,  shall  be  filed  with  the  Gov- 
ernor of  this  State:  And  provided  further,  That  this  cession  is  upon 
the  express  condition  that  the  State  of  Indiana  shall  so  far  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  all  lands 
acquired  or  hereafter  acquired  as  aforesaid;  that  all  civil  and  crim- 
inal process  issued  by  any  court  of  competent  jurisdiction,  or  officer 
having  authority  of  law  to  issue  such  process;  and  all  orders  made 
by  such  court  or  any  judicial  officer  duly  empowered  to  make  such 
orders  and  necessary  to  be  served  upon  any  person,  may  be  executed 
upon  said  lands,  and  in  the  buildings  that  may  be  erected  thereon, 
in  the  same  way  and  manner  as  if  jurisdiction  had  not  been  ceded  as 
aforesaid. 

"  SEC.  2.  The  lands  aforesaid,  when  so  acquired,  shall  forever  be 
exempt  from  all  taxes  and  assessments  so  long  as  the  same  shall 
remain  the  property  of  the  United  States."  (Approved  January  25, 
1883.  Indiana  Stats.,  1894,  sec.  7147.) 

As  to  jurisdiction  over  National  Cemeteries  see  the  following  Act 
of  Congress,  approved  July  1,  1870: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  from  the  time  any  State 
Legislature  shall  have  given,  or  shall  hereafter  give,  the  consent  of 
such  State  to  the  purchase  by  the  United  States  of  any  National 
Cemetery  mentioned  in  the  act  entitled  'An  Act  to  establish  and  pro- 
tect national  cemeteries,'  approved  February  twenty-second,  eighteen 
hundred  and  sixty-seven,  the  jurisdiction  and  power  of  legislation  of 
the  United  States  over  such  cemetery  shall  in  all  courts  and  places 
be  held  to  be  the  same  as  is  granted  by  Section  eight,  Article  one,  of 
the  Constitution  of  the  United  States ;  and  all  the  provisions  of  said 
act  of  February  twenty-second,  eighteen  hundred  and  sixty-seven, 
shall  be  applicable  to  the  same." 

FORT  BENJAMIN    HARRISON. 

This  reservation  is  situated  about  9  miles  northeast  of  Indianapo- 
lis, in  Marion  County,  and  contains  1,994.17  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  117,  War  Dept.,  June  28,  1904. 

The  title  is  as  follows : 

1.  Deed  from  William  V.  Baker  and  wife,  dated  April  16,  1903, 
conveying  61.87  acres.     Recorded  in  Land  Record  43,  page  2,  of  the 
records  of  Marion  County. 

2.  Deed  from  Albert  I.  Baker  and  wife,  dated  April  18,  1903,  con- 
veying 48.87  acres.     Recorded  in  Land  Record  43,  page  21,  of  same 
records. 


INDIANA.  Ill 

3.  Deed  from  Clara  O.  Summers  and  husband,  et  al.,  dated  July 
29,  1903,  conveying  18  acres.     Recorded  in  Land  Record  43,  page  31, 
of  same  records. 

4.  Deed  from  Francis  M.  Louden  and  wife,  dated  August  7,  1903, 
conveying  43.52  acres.     Recorded  in  Land  Record  43,  page  26,  of 
same  records. 

5.  Deed  from  James  G.  Russell,  dated  August  11,  1903,  conveying 
6  acres.     Recorded  in  Land  Record  43,  page  33,  of  same  records. 

6.  Deed  from  Lydia  B.  Thomas,  dated  August  11,  1903,  conveying 
30.12  acres.     Recorded  in  Land  Record  43,  page  27,  of  same  records. 

7.  Deed  from  Mary  A.  Baker,  dated  August  11,  1903,  conveying 
24.04  acres.     Recorded  in  Land  Record  43,  page  8,  of  same  records. 

8.  Deed  from  James  H.  Thomas  and  wife,  dated  August  11,  1903, 
conveying  49.50  acres.     Recorded  in  Land  Record  43,  page  13,  of  same 
records. 

9.  Deed  from  John  N.  Reddick  and  wife,  dated  August  11,  1903, 
conveying  56.60  acres.     Recorded  in  Land  Record  43,  page  25,  of 
same  records. 

10.  Deed  from  Sarah  C.  Baker,  dated  August  11,  1903,  conveying 
87.56  acres.     Recorded  in  Land  Record  43,  page  6,  of  same  records. 

11.  Deed  from  Frank  Baker,  dated  August  11,  1903,  conveying 
39.35  acres.     Recorded  in  Land  Record  43,  page  4,  of  same  records. 

12.  Deed  from  Nellie  G.  Baker  and  husband,  dated  August  11, 1903, 
conveying  64.81  acres.     Recorded  in  Land  Record  43,  page  9,  of  same 
records. 

13.  Deed  from  Murray  F.  Hill  and  wife,  dated  August  11,  1903, 
conveying  20  acres.     Recorded  in  Land  Record  43,  page  14,  of  same 
records. 

14.  Deed  from  John  R.  Harper  and  wife,  dated  August  11,  1903, 
conveying  97.48  acres.     Recorded  in  Land  Record  43,  page  24,  of  same 
records. 

15.  Deed  from  Robert  E.  Poindexter  and  wife,  dated  August  11, 
1903,  conveying  71.34  acres.     Recorded  in  Land  Record  43,  page  10, 
of  same  records. 

16.  Deed  from  Jesse  H.  Herrin  and  wife,  dated  August  11,  1903, 
conveying  16.60  acres.     Recorded  in  Land  Record  43,  page  29,  of  same 
records. 

17.  Deed  from  Francis  M.  Kimberlin  and  wife,  dated  August  12, 
1903,  conveying  68.52  acres.     Recorded  in  Land  Record  43,  page  12, 
of  same  records. 

18.  Deed  from  Francis  M.  Kimberlin  and  wife,  dated  August  12, 
1903,  conveying  7.04  acres.     Recorded  in  Land  Record  43,  page  11,  of 
same  records. 

19.  Deed  from  Samuel  A.  Michael  and  wife,  dated  August  12,  1903, 
conveying  49.77  acres.     Recorded  in  Land  Record  43,  page  28,  of  same 
records. 

20.  Deed  from  Anton  L.  Witte  and  wife,  dated  August  14,  1903, 
conveying  54.31  acres.     Recorded  in  Land  Record  43,  page  18,  of  same 
records. 

21.  Deed  from  John  W.  Gibson  and  wife,  dated  August  14,  1903, 
conveying  40.43  acres.     Recorded  in  Land  Record  43,  page  34,  of  same 
records. 

22.  Deed  from  Abraham  R.  Nicholas  and  wife,  dated  August  14, 
1903,  conveying  220.96  acres.    Recorded  in  Land  Record  43,  page  16, 
of  same  records. 


112  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

23.  Deed  from  Charles  F.  Witte  and  wife,  dated  August  15,  1903, 
conveying  20  acres.     Recorded  in  Land  Record  43,  page  17,  of  same 
records. 

24.  Deed  from  Cory  E.  Kane  and  husband,  dated  August  17,  1903, 
conveying  40.53  acres.     Recorded  in  Land  Record  43,  page  22,  of 
same  records. 

25.  Deed  from  Mary  E.  Kidwell  and  husband,  et  al.,  dated  August 
21,  1903,  conveying  an  undivided  seventeen-twentieths  of  89.98  acres. 
Recorded  in  Land  Record  43,  page  37,  of  same  records.     (See  num- 
bers 36,  37,  and  38,  infra.) 

26.  Deed  from  John  N.  Baker  and  wife,  dated  August  25,  1903, 
conveying  29.01  acres.     Recorded  in  Land  Record  43,  page  7,  of  same 
records. 

27.  Deed  from  John  L.  Brown  and  wife,  dated  August  27,  1903, 
conveying  80  acres.     Recorded  in  Land  Record  43,  page  23,  of  same 
records. 

28.  Deed  from  Owen  E.  Day  and  wife,  dated  August  27,  1903, 
conveying  33.21  acres.     Recorded  in  Land  Record  43,  page  30,  of 
same  records. 

29.  Deed  from  Mary  Ann  Reddick,  dated  August  27,  1903,  convey- 
ing 4  acres.     Recorded  in  Land  Record  43,  page  20,  of  same  records. 

30.  Deed  from  Lawson  Reddick  and  wife,  dated  August  27,  1903, 
conveying  1  acre.     Recorded  in  Land  Record  43,  page  19,  of  same 
records. 

31.  Deed  from  Lewis  E.  Baker  and  wife,  dated  August  29,  1903, 
conveying  51.27  acres.     Recorded  in  Land  Record  43,  page  5,  of  same 
records. 

32.  Deed  from  Harriet  H.  Specs,  dated  August  31,  1903,  conveying 
93.84  acres.     Recorded  in  Land  Record  43,  page  15,  of  same  records. 

33.  Deed  from  Eliza  A.  Welmington  et  al.,  dated  August  31,  1903, 
conveying  60.62  acres,  except  two  rights  of  wray.     Recorded  in  Land 
Record  43,  page  35,  of  same  records. 

34.  Deed  from  Noah  Spees  and  wife,  dated  September  5,  1903,  con- 
veying 48  acres.     Recorded  in  Land  Record  43,  page  36,  of  same 
records. 

35.  Deed  from  Robert  H.  Acre  and  wife,  dated  September  8,  1903, 
conveying  8.35  acres.     Recorded  in  Land  Record  43,  page  32,  of  same 
records. 

36.  Guardian's  deed  from  Annie  McCormick,  dated  September  23, 
1903,  conveying  the  undivided  one- twentieth  of  certain  land  therein 
described.     Recorded  in  Land  Record  43,  page  3,  of  same  records. 

37.  Guardian's  deed  from  Louisa  McCormick,  dated  October  3, 

1903,  conveying  the  undivided  one-twentieth  of  certain  land  therein 
described.     Recorded  in  Land  Record  43,  page  38,  of  same  records. 

38.  Guardian's  deed  from  Charles  A.  Offenbacker,  dated  October 
15,  1903,  conveying  the  undivided  one-twentieth  of  89.98  acres.     Re- 
corded in  Land  Record  43,  page  39,  of  same  records. 

39.  Quit-claim  deed  from  Samuel  T.  Beaver,  Trustee,  etc.,  dated 
February  4,  1904,  conveying  1  acre.     Recorded  in  Land  Record  42, 
page  491,  of  same  records. 

40.  Deed  from  Mary  A.  Roberts  and  husband,  dated  February  27, 

1904,  conveying  259.34  acres.     Recorded  in  Land  Record  43,  page  40, 
of  same  records. 


INDIANA.  113 

Jurisdiction  acquired  under  Act  of  January  25,  1883,  given  under 
"  General  Acts  of  Cession,"  ante.  Plat  and  description  filed,  as  re- 
quired by  said  Act,  May  5,  1909. 

Revocable  Licenses:  License,  June  28, 1904, to  Indiana  Union  Trac- 
tion Company  to  construct,  maintain  and  operate  a  temporary  track 
on  reservation. 

License,  July  14,  1906,  to  same  for  electric  railway  on  reservation. 

• 

CROWN.  HILL   NATIONAL  CEMETERY. 

This  reservation,  containing  1.3T  acres,  was  established  as  a  National 
Cemetery  in  1866,  and  is  situated  in  Center  Township,  Marion  County, 
near  Indianapolis,  being  described  as  Section  10  on  the  plat  of  the 
Crown  Hill  Cemetery  as  recorded  in  the  office  of  the  Recorder  of  said 
Marion  County.  The  title  is  as  follows : 

Deed  from  the  CrowTn  Hill  Cemetery  (a  corporation),  dated  Au- 
gust 27,  1866,  and  recorded  in  the  Crown  Hill  Cemetery"  records, 
Book  1,  page  6,  February  18,  1867. 

For  jurisdiction  see  Act  of  Congress  approved  July  1,  1870,  as  set 
out  under  title  "  General  Acts  of  Cession. 

GREEN  LAWN  CEMETERY. 

This  reservation  contains  the  remains  of  the  Confederate  Soldiers 
who  died  here  as  prisoners  of  war.  It  is  situated  in  the  city  of 
Indianapolis,  County  of  Marion.  The  title  is  as  follows: 

1.  Deed  from  the  Terre  Haute  and  Indianapolis  Railroad  Company, 
dated  June  15,  1870,  conveying  Lots  Nos.  8,  9,  10,  11,  12,  13,  14,  15, 
16, 17,  18,  19,  79,  80,  81,  82,  83,  84,  85,  86,  87,  88,  89,  90,  125,  126,  127, 
128,  129,  130,  131,  133,  135  of  Section  D,  and  Lots  Nos.  2,  4,  6,  8,  10. 
12,  14,  16,  17,  18,  19,  20,  21,  22,  23,  24,  25,  26,  27,  28,  29,  30,  31,  32,  33^ 
34,  35,  36,  37  and  38  in  Section  F,  according  to  the  plot  of  said  ceme- 
tery recorded  in  the  office  of  the  Recorder  of  Marion  County.     Re- 
corded in  Record  414,  page  455,  Recorder's  Office,  Marion  County. 

2.  Deed  from  the  Vandalia  Railroad  Company,  successor  to  above, 
dated  October  11,  1909,  conveying  Lots  2,  5,  6,  7  and  120,  and  parts  of 
Lots  132,  134,  207,  208  and  209  of  Section  "  D",  and  Lots  1,  3,  5,  7,  9, 
11,  13  and  15  of  Section  "F";  together  with  driveway  and  paths. 
Recorded  in  Land  Records  455,  page  1,  of  same  records. 

For  jurisdiction  see  Act  of  July  1,  1870,  under  "  General  Acts  of 
Cession." 

JEFFERSONVILLE  DEPOT. 

This  reservation  is  located  in  Jeffersonville,  Clark  County,  and 
contains  an  area  of  17.40  acres. 

The  title  is  as  follows :  Deed  from  the  City  of  Jeffersonville,  dated 
December  2,  1870,  conveying  the  17.40  acres  above  mentioned,  being 
all  of  Blocks  120,  121,  124  and  Jefferson  Square,  in  said  City  of 
Jeffersonville,  together  with  the  parts  of  streets  dividing  said  blocks 
and  squares.  Recorded  in  the  Recorder's  Office  in  Book  No.  61,  pages 
183,  184  and  185,  of  the  deed  records  of  Clark  County. 

16809—10- — 8 


114  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Jurisdiction  was  ceded  to  the  United  States  by  Joint  Resolution 
No.  2  of  1871,  which  is  as  follows: 

"  Whereas  the  City  of  Jeffersonville,  Indiana,  has  granted  and  con- 
veyed to  the  United  States  the  premises  hereinafter  described  for 
military  purposes;  and  whereas,  under  existing  laws,  no  permanent 
buildings  can  be  erected  thereon  by  the  General  Government  until 
the  State  of  Indiana  shall  have  ceded  to  the  United  States  her  juris- 
. diction  over  the  same:  Now,  therefore, 

"Be  it  Resolved,  That  the  State  of  Indiana  hereby  relinquishes  and 
cedes  to  the  United  States  all  the  rights  and  jurisdiction  which  she 
now  possesses  over  the  following  described  premises  so  long  as  said 
premises  shall  continue  to  be  used  by  the  United  States  for  military 
purposes."  (Premises  described  by  courses  and  distances  and  as 
"containing  seventeen  and  four-tenths  (17.4)  acres,  more  or  less.") 

See  also  General  Acts  of  Cession. 

NEW  ALBANY  NATIONAL  CEMETERY. 

This  cemetery  contains  5.46  acres,  and  is  situated  near  the  City  of 
New  Albany,  in  Floyd  County.  The  title  is  as  follows : 

Deed  from  Charles  Bowman  and  wife,  dated  December  15,  1862, 
conveying  5.46  acres.  Recorded  in  Deed  Book  No.  10,  pages  144  and 
145,  of  the  deed  records  of  Floyd  County. 

See  General  Acts  of  Cession. 

IOWA. 

GENERAL  ACTS  OF  CESSION. 

"  SECTION  I.  Be  it  enacted,  etc.,  That  whenever  the  title  to  any  real 
property,  situated  within  the  State  of  Iowa,  shall  become  vested  in 
the  United  States  of  America,  to  be  used  as  a  barracks,  drill-ground, 
or  fort,  or  for  other  military  purposes,  the  full  exclusive,  and  com- 
plete jurisdiction  is  hereby  granted  and  ceded  to  the  United  States  of 
America  over  such  real  property,  and  full  consent  to  the  acquisition 
of  such  real  property  is  hereby  given  and  granted  by  the  State  of 
Iowa  to  the  United  States,  and  all  jurisdiction  of  the  State  of  Iowa 
over  such  real  property  is  hereby  ceded  and  surrendered.  All  claims 
or  right  to  levy  taxes  against  said  real  property  is  also  hereby  fully 
released  and  surrendered."  (Approved  April  4,  1900.  Laws  of 
Iowa,  1900,  p.  134.) 

"  SECTION  I.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Iowa  is  hereby  given,  in  accordance  with  the  seventeenth  clause, 
eighth  section,  of  the  first  article  of  the  Constitution  of  the  United 
States,  by  purchase,  condemnation,  or  otherwise,  of  any  land  in  this 
state  required  for  sites  for  custom  houses,  courthouses,  post  offices, 
arsenals,  or  other  public  buildings  whatever,  or  for  any  other  purposes 
of  the  government. 

"  SECTION  II.  That  exclusive  jurisdiction  in  and  over  any  land  so 
acquired  by  the  United  States  shall  be,  and  the  same  is  hereby  ceded 
to  the  United  States,  for  all  purposes  except  the  serving  upon  such 
sites  of  all  civil  and  criminal  processes  of  the  courts  of  this  state ;  but 
the  jurisdiction  so  ceded  shall  continue  no  longer  than  the  United 
States  shall  own  such  lands. 


IOWA.  115 

"  SECTION  III.  The  jurisdiction  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  title  to  the  said  lands  by  purchase, 
condemnation  or  otherwise;  and  so  long  as  the  said  lands  shall  remain 
the  property  of  the  United  States  when  acquired  as  aforesaid,  and  no 
longer,  the  same  shall  be  and  continue  exempt  and  exonerated  from 
all  state,  county  and  municipal  taxation,  assessment  or  other  charges 
which  may  be  levied  or  imposed  under  the  authority  of  this  state." 
(Approved  March  27,  1902.  Laws  of  Iowa,  1902,  p.  165.) 


FORT  DBS  MOINES. 


This  reservation  contains  640  acres,  and  is  situated  near  the  city 
of  Des  Moines,  Iowa,  and  embraces  the  east  half  of  section  thirty- 
three,  and  the  west  half  of  section  thirty-four,  in  township  seventy- 
eight  north,  range  twenty-four  west  of  the  fifth  principal  meridian. 

It  was  acquired  under  Acts  of  Congress  approved  April  4,  1900, 
and  May  27,  1908. 

The  title  is  as  follows : 

1.  Deed  from  James  Denney  and  wife,  dated  June  20,  1901,  con- 
veying 160  acres.     Recorded  in  Book  404,  page  553,  of  the  records  of 
Polk  County. 

2.  Deed  from  Robertson  M.  Brisco  and  wife,  dated  June  21,  1901, 
conveying  240   acres.     Recorded   in   Book  404,   page   554,  of  same 
records. 

3.  Deed  from  Thomas  Robertson  and  wife,  dated  July  18,  1908, 
conveying  80  acres ;  recorded  in  Book  458,  page  413,  of  same  records. 

4.  Deed  from  Mary  Burgett  and  husband,  dated  August  12,  1908. 
conveying  40  acres ;  recorded  in  Book  458,  page  412,  of  same  records! 

5.  Deed  from  John  W.  Burgett  and  wife,  dated  August  12,  1908, 
conveying  40  acres ;  recorded  in  Book  458,  page  414,  of  same  records. 

6.  Deed  from  John  Fullerton    (single),  dated  August  24,  1908, 
conveying  79  acres;  recorded  in  Book  458,  page  411,  of  same  records. 
This  deed  conveys  the  south  half  of  the  southwest  quarter  of  section 
thirty-four,  "  except  the  west  one  acre  thereof  "  which  is  referred  to 
in  the  abstract  as  having  been  "  heretofore  conveyed  to  the  United 
States  of  America."     The  excepted  tract  was  conveyed  to  the  United 
States  by  deed  of  John  Fullerton,  executed,  delivered,  and  recorded 
in  1905,  for  "  a  perpetual  right  of  way  over  which  the  grantee  may 
construct  and  perpetually  maintain  a  military  road." 

A  right  of  way  for  a  sub-surface  drain  from  the  Military  reserva- 
tion was  secured  by  deeds  from  the  following  named  persons  through 
their  respective  lands,  at  the  dates  given : 

In  Polk  County : 

1.  S.  W.  Reynolds  and  wife,  April  10,  1902. 

2.  H.  S.  De  Witt  and  wife,  April  11,  1902. 

3.  D.  Mulholland  and  wife,  April  17,  1902. 

4.  Carlos  F.  Smith  and  wife,  June  9,  1902. 

5.  Effie  S.  Spitznagle  and  husband,  June  14,  1902. 

6.  Lura  Warrick,  widow,  June  14,  1902. 

The  above  six  deeds  are  recorded  in  Book  426,  pages  121,  122,  120, 
134,  138  and  139,  respectively,  of  the  records  of  Polk  County. 

The  right  of  way  continues  in  Warren  County  by  virtue  of  the  fol- 
lowing deeds : 

1.  H.  E.  McGriff  and  wife,  May  1,  1902. 

2.  Carlos  F,  Smith  and  wife,  June  9,  1902. 


116  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

3.  Grant  of  Easement  by  the  Governor  and  Auditor  of  the  state, 
June  25,  1902. 

4.  Robert  Spilmer  and  wife,  September  3,  1902. 

The  above  four  deeds  are  recorded  in  Book  55,  pages  602,  600,  608 
and  619,  respectively,  of  the  records  of  Warren  County. 

For  jurisdiction  see  General  Acts  of  Cession. 

Revocable  Licenses:  License,  April  1,  1902,  to  The  Interurban  Rail- 
way Company  to  construct  line  of  tracks  on  reservation. 

License,  March  13,  1906,  to  Iowa  Telephone  Company,  for  tele- 
phone line  for  private  telephone  service. 

License,  April  13,  1906,  to  Des  Moines  Terminal  Company  for 
railway  tracks  on  reservation. 

TARGET   RANGE. 
(Fort  Des  Moines.) 

This  reservation  contained,  prior  to  purchases  in  1908,  post,  about 
526  acres  in  Warren  County  as  announced  in  G.  O.  33,  A.  G.  O.  March 
19,  1903.  The  title  is  as  follows : 

1.  Deed  from  Norton  J.  Loomis  and  wife,  dated  July  26,  1902,  con- 
veying 80  acres.     Recorded  in  Book  61,  page  189,  of  the  records  of 
Warren  County. 

2.  Deed  from  Grant  U.  Herrick,  dated  July  30,  1902,  conveying  20 
acres.     Recorded  in  Book  61,  page  187,  of  same  records. 

3.  Deed  from  C.  L.  Watrous  and  wife,  dated  October  13,  1902,  con- 
veying 313  acres,  more  or  less.     Recorded  in  Book  61,  page  188,  of 
same  records. 

4.  Deed  from  H.  D.  Thompson,  dated  December  11,  1902,  convey- 
ing 113  acres,  more  or  less.     Recorded  in  Book  61,  page  186,  of  same 
records. 

By  Act  of  Congress,  approved  May  11, 1908  (35  Stat.  L.,  122),  pro- 
vision was  made  for  the  purchase  of  not  less  than  358.5  acres  adjoin- 
ing this  reservation.  Purchases  have  been  made  under  this  authority , 
of  about  353.5  acres,  as  follows: 

5.  Deed  from  Thomas  Stevenson,  et  ux.,  dated  September  8,  1908, 
conveying  60  acres;  recorded  in  Book  69,  page  116,  of  same  records. 

6.  Deed  from  Louisa  Josephine  Patten,  et  al.,  dated  September  26, 
1908,  conveying  40  acres;  recorded  in  Book  59,  page  478,  of  same 
records. 

7.  Deed  from  Dora  Jackson,  et  vir,  dated  September  21,  1908,  con- 
veying 20  acres ;  recorded  in  Book  69,  page  369,  of  same  records. 

8.  Deed  from  Mary  E.  Mason,  et  vir,  dated  February  1,  1909,  con- 
veying 20  acres;  recorded  in  Book  69,  page  370,  of  same  records. 

9.  Deed  from  M.  E.  Blackford,  et  ux.,  dated  April  14,  1909,  con- 
veying 10  acres;  recorded  in  Book  69,  page  368,  of  same  records. 

10.  Deed  from  Richard  H.  Collicott,  et  ux.,  dated  March  4,  1909, 
conveying  60  acres ;  recorded  in  Book  59,  page  489,  of  same  records. 

11.  Deed  from  Nellie  M.  Collicott,  single,  dated  October  15,  1908, 
conveying  10  acres;  recorded  in  Book  69,  page  421,  of  same  records. 

12.  Decree  of  condemnation,  dated  May  21,  1909,  in  the  United 
States  District  Court  for  the  Southern  District  of  Iowa,  No.  1008 
(law)  ;  United  States  v.  J.  L.  Brown,  et  al.,  covering  about  20.5  acres. 

^Decree  entered  in  Journal  I,  page  204,  of  the  records  of  said  court. 


IOWA.  117 

13.  Decree  of  condemnation,  dated  May  21,  1909,  in  the  United 
States  District  Court  for  the  Southern  District  of  Iowa,  No.  1009 
(law)  ;  United  States  v.  Martha  McDowell,  et  al.,  covering  about  113 
acres.  Decree  entered  in  Journal  I,  page  205,  of  same  records. 

For  jurisdiction  see  General  Acts  of  Cession. 

KEOKUK   NATIONAL  CEMETERY. 

This  cemetery  contains  an  area  of  about  2.75  acres,  and  is  situated 
near  Keokuk,  Lee  County.  The  title  is  as  follows: 

1.  Deed  from  the  City  of  Keokuk,  dated  August  28,  1866,  convey- 
ing the  tract  of  land  therein  described,  being  a  part  of  Oakland 
Cemetery  adjacent  to  Keokuk,  in  Lee  County.     Recorded  in  Book 
No.  27,  page  117,  of  the  deed  records  of  Lee  County. 

2.  Deed  from  Hiram  Barney  and  wife,  dated  August  5,  1870,  con- 
veying Fractional  Block  No.  107  and  Lots  1,  2,  3,  and  4  in  Block 
No.  108,  all  in  Mason's  lower  addition  to  the  City  of  Keokuk.     Re- 
corded in  Book  No.  33,  page  569,  of  same  records. 

3.  Deed  from  John  Oertell  and  wife,  dated  August  30,  1871,  con- 
veying Lots  5  and  6  in  Block  No.  108  in  Mason's  lower  addition  to 
the  City  of  Keokuk.     Recorded  in  Book  No.  36,  page  77,  of  same 
records. 

4.  Deed  from  the  City  of  Keokuk,  dated  December  17,  1874,  con- 
veying the  lands  therein  described  for  cemetery  purposes.     Recorded 
in  Book  No.  40,  page  76,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  11,  1872,  and  by  an  act  approved  March 
4,  1876.  These  acts  provide  as  follows: 

"  SECTION  1.  Be  it  enacted.,  etc.,  That  the  consent  of  this  General 
Assembly  be,  and  the  same  is  hereby,  given  to  the  purchase  by  the 
United  States  of  certain  parcels  of  land  situate  in  Lee  County,  known 
and  described  as  fractional  block  107,  and  lots  number (s)  one,  two, 
three,  four,  five,  and  six,  in  block  108,  Mason's  Lower  Addition  to  the 
city  of  Keokuk,  Iowa,  the  same  to  be  used  for  cemetery  purposes  by 
the  United  States  Government,"  (Approved  March  11,  1872.) 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  General 
Assembly,  be  and  the  same  is  hereby,  given  to  the  purchase  by  the 
United  States  of  America  of  certain  parcels  of  land  situate  in  Lee 
County,  known  and  described  as  so  much  of  Keokuk  Avenue  as  lies 
north  of  block  one  hundred  and  eight  (108),  Mason's  lower  addition 
to  the  city  of  Keokuk,  and  so  much  of  G  street  as  lies  between  blocks 
one  hundred  and  seven  (107)  and  one  hundred  and  eight  (108),  in 
said  addition,  and  the  small  triangular  piece  of  land  formed  by  the 
northerly  and  southerly  sides  of  said  block  one  hundred  and  seven 
(107)  continued  until  said  lines  meet;  also  to  a  certain  parcel  of  land 
known  and  described  as  the  '  soldiers'  burial  ground,'  lying  within 
Oakland  cemetery,  together  with  a  strip  of  land  twenty  (20)  feet 
wide  extending  the  entire  length  of  the  said  '  soldiers'  burial  ground,' 
all  situate  within  the  city  of  Keokuk,  Iowa. 

"SEC.  2.  The  jurisdiction  of  the  State  of  Iowa  in  and  over  the 
lands  mentioned  in  the  preceding  section  and  in  an  act  entitled  'an 
act  giving  the  consent  of  the  legislature  of  the  State  of  Iowa,  to  the 
purchase  by  the  United  States  of  certain  real  estate,'  approved  March 


118  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

11,  1872,  shall  be  and  the  same  is  hereb}'  ceded  to  the  United  States; 
Provided,  That  the  jurisdiction  hereby  ceded  shall  continue  no  longer 
than  the  United  States  shall  own  or  occupy  said  lands."  (Approved 
March  4,  1876.) 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Polk  County,  and  comprises  several 
tracts  having  an  aggregate  area  of  about  161.5  acres.  The  title  is  as 
follows : 

1.  Deed  from  Mary  Tidrick  Porter,  executrix,  dated  January  4, 
1908,  conveying  22.80  acres,  reserving  coal  under  the  same.    Recorded 
in  Book  479,  page  215,  of  Deed  Records  of  Polk  County. 

2.  Deed  from  Carl  F.  Lundstrom,  unmarried,  dated  January  9, 
1908,  conveying  6.67  acres.     Recorded  in  Book  458,  page  159,  of 
same  records. 

3.  Deed  from  John  F.  Bowen  et  al.,  dated  January  7,  1908,  con- 
veying 123.91   acres.     Recorded   in   Book  458,  page   158,  of  same 
records. 

4.  Deed  from  Anna  Marie  Lundstrom  et  al.,  dated  January  9,  1908, 
conveying  8.11  acres.     Recorded  in  Book  485,  page  160,  of  same 
records. 

OAKDALE   CEMETERY. 

This  cemetery  is  located  near  Davenport,  in  Scott  County,  and  that 
portion  used  as  a  National  Cemetery  is  described  in  the  following: 

Deed  from  the  Oakdale  Cemetery  Company,  dated  June  26,  1866, 
conveying  Lot  No.  140  in  Section  2,  and  also  that  portion  of  the  cen- 
ter of  section  2  upon  which  seven  soldiers  have  been  interred,  as  laid 
down  on  the  plat  of  said  cemetery.  Also  a  portion  of  lot  No.  13 
described.  Recorded  in  Book  U  of  Town  Lot  deeds,  pages  275  and 
276,  of  the  deed  records  of  Scott  County. 

WESTERN  APPROACH  TO  ROCK  ISLAND. 

This  property  consists  of  the  North  end  and  abutments  of  the 
bridge  at  and  the  wagon  approach  on  the  Iowa  side.  The  title  is  as 
follows : 

Consent  of  the  municipal  authorities  of  the  City  of  Davenport  to 
location  of  same,  by. an  ordinance  passed  -  — . 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature  approved  March  26,  1878,  as  follows: 

"  Whereas,  The  Government  of  the  United  States  have  caused  to  be 
erected  across  the  Mississippi  River  at  the  City  of  Davenport,  Iowa, 
a  wagon  road  and  railroad  bridge,  connecting  the  Iowa  shore  with 
the  Rock  Island  Arsenal;  and 

"  Whereas,  The  abutments  and  the  wagon  approach  to  said  bridge 
on  the  Iowa  shore  are  located  in  public  streets  and  on  the  bank  of 
said  river  in  the  said  City  of  Davenport  by  the  consent  of  the  mu- 
nicipal authorities  of  said  city :  Therefore,  Be  it  enacted,  etc., 

"  SECTION  1.  That  exclusive  jurisdiction  is  hereby  ceded  to  the 
United  States  over  that  part  of  the  Rock  Island  Arsenal  Bridge  across 
the  Mississippi  River  at  Davenport,  Iowa,  which  is  north  of  the  mid- 


KANSAS.  119 

die  of  the  main  channel  of  the  said  river,  and  also  over  the  plat  of 
ground  occupied  by  the  abutments  and  the  wagon  approach  to  the 
north  end  of  said  bridge,  more  particularly  described  as  follows: 
Provided,  however,  That  so  much  of  said  public  streets  (of 
the  city  of  Davenport)  as  are  occupied  by  said  wagon  approach  shall 
be  forever  kept  and  maintained  as  a  public  highway  without  expense 
to  the  said  city  of  Davenport :  And  provided  further,  That  this  act 
shall  not  be  held  or  construed  to  add  to,  dimmish,  or  prejudice  any 
rights  or  privileges  now  held  by  any  railroad  company  to  use  said 
approach  for  the  purposes  of  a  railroad  track.  Nor  shall  the  juris- 
diction hereby  conceded  be  held  or  construed  to  impair,  prejudice,  or 
effect  [affect]  the  right  of  the  city  of  Davenport,  or  any  other  taxing 
power,  to  assess  and  collect  taxes  upon  any  franchise,  right-of-way, 
or  other  property,  or  privilege,  which  any  railroad  company  may  now 
or  hereafter  have,  hold  or  possess  in  said  bridge."  (Laws  of  Iowa, 
1878,  Chap.  163,  p.  149.) 

Revocable  license:  June  20,  1907,  to  the  People's  Light  Company 
for  gas  main  across  premises. 

KANSAS. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  That  the  United  States  shall  have  power  to  purchase 
or  condemn  in  the  manner  prescribed  by  law,  upon  making  just  com- 
pensation therefor,  any  land  in  the  State  of  Kansas  required  for 
custom-houses,  arsenals,  national  cemeteries,  or  for  other  purposes 
of  the  government  of  the  United  States. 

"  SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land 
which  may  have  been  or  may  be  purchased  or  condemned  or  other- 
wise acquired,  and  shall  have  the  right  of  exclusive  legislation  and 
concurrent  jurisdiction,  together  with  the  State  of  Kansas,  over  such 
land  and  the  structures  thereon,  and  shall  hold  the  same  exempt 
from  all  state,  county,  and  municipal  taxation."  (Approved  March 
28,  1872.  Genl.  Stats.  Kansas,  1905,  §§  3960-3961.) 

BAXTER  SPRINGS  NATIONAL  CEMETERY. 

This  cemetery  comprises  a  lot  of  about  1  acre,  near  the  center  qf 
the  Baxter  Springs  Cemetery,  and  is  situated  about  1  mile  from  the 
city  of  Baxter  Springs,  in  Cherokee  County.  The  title  is  as  follows : 

1.  Deed  from  The  City  of  Baxter  Springs,  dated  April  10,  1869, 
conveying  lot  known  as  the  "  National  Block."    Recorded  in  Book 
A,  pages  217  and  218,  of  the  records  of  Cherokee  County. 

2.  Deed  from  The  City  of  Baxter  Springs,  dated  May  3,  1875, 
conveying  lot  and  right  of  way.     Recorded  in  Book  J,  page  119,  of 
same  records. 

3.  Deed  from  The  City  of  Baxter  Springs,  dated  November  21, 
1877,  and  action  of  the  City  Council  ratifying  same,  dated  February 
8,  1878,  conveying  a  strip  adjoining  cemetery.     Recorded  in  Book 
Q,  pages  99  and  100,  of  same  records. 

4.  Deed  from  The  City  of  Baxter  Springs,  dated  ,1887, 

conveying  additional  ground  for  cemetery.     Recorded  June  29,  1887, 
in  Book  17,  page  449,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 


120  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

FORT  LEAVENWORTH. 

These  reservations  contain  a  total  area  of  6,464.24  acres,  exclusive 
of  the  tract  of  about  505  acres  set  apart  for  U.  S.  Penitentiary  by 
Act  of  June  10,  1896 ;  of  which  5,524.87  acres  belong  to  the  Post  and 
Military  Prison  reservations  on  the  west  side  of  the  Missouri  River, 
in  Leavenworth  County,  Kans. ;  the  remainder,  939.37  acres,  being 
the  timber  reservation  on  the  East  side  in  Missouri.  The  title  is  as 
follows : 

Part  of  the  Louisiana  purchase  from  France  in  1803.  A  military 
post  was  established  upon  the  present  site  May  8,  1827.  By  Execu- 
tive Order  dated  October  10,  1854,  the  area  of  the  reservation  being 
ascertained  by  what  is  known  as  "  Hunt's  Survey,"  it  was  reserved 
and  set  apart  for  military  purposes.  The  timber  reservation  on  the 
east  side  of  the  river  in  Missouri,  was  declared  such  for  military 
purposes  by  Executive  Order  dated  June  21,  1838,  and  reduced  to 
its  present  size,  July  12,  1843.  The  reservation  in  Kansas  was  later 
increased  by  the  following  additions: 

1.  Deed  from  Lorenz  Kern,  dated  July  28,  1902,  conveying  14.21 
acres.     Recorded  in  Book  D,  page  35,  of  the  Transfer  Records  of 
Leavenworth   County. 

2.  Deed  from  John  J.  Steinbach  and  wife,  dated  July  28,  1902, 
conveying  20.35  acres.     Recorded  in  Book  188  of  Conveyances,  page 
440,  of  same  records. 

3.  Deed  from  Leo  Hund  and  wife,  dated  July  28,  1902,  conveying 
20.09  acres.     Recorded  in  Book  188  of  Conveyances,  page  443,  of 
same  records. 

4.  Deed  from  Mike  Kern  and  wife,  dated  September  9,  1902,  con- 
veying 35.45   acres.     Recorded  in  Book  188  of  Conveyances,  page 
442,  of  same  records. 

Kansas  was  admitted  into  the  Union  as  a  State  January  29,  1861, 
but  the  United  States  failed  to  retain  jurisdiction  over  the  original 
reservation.  This  was  remedied  by  jurisdiction  over  that  part  of 
the  reservation  situated  in  the  State  of  Kansas  being  ceded  to  the 
United  States  by  an  act  of  the  State  Legislature,  approved  February 
22,  1875,  which  provides  as  follows: 

"  SECTION  1.  That  exclusive  jurisdiction  be  and  the  same  is  hereby 
ceded  to  the  United  States  over  and  within  all  the  territory  owned 
by  the  United  States,  and  included  within  the  limits  of  the  United 
States  military  reservation  known  as  the  Fort  Leavenworth  reserva- 
tion, in  said  state,  as  declared  from  time  to  time  by  the  President  of 
the  United  States,  saving,  however,  to  the  said  state  the  right  to 
serve  civil  or  criminal  process  within  said  reservation,  in  suits  or 
prosecutions  for  or  on  account  of  rights  acquired,  obligations  in- 
curred, or  crimes  committed  in  said  state,  but  outside  of  said  cession 
and  reservation;  and  saving  further  to  said  state  the  right  to  tax 
railroad,  bridge  and  other  corporations,  their  franchises  and  prop- 
erty on  said  reservation."  (Genl.  Stats.  Kansas,  1905,  sec.  3963.) 

(See  Appendix,  pages  466,  471,  486.) 

Easements:  By  Act  of  July  20,  1868,  the  Kansas  and  Missouri 
Bridge  Company  was  granted  permission  to  build  a  railroad,  transit 
and  wagon  bridge  across  the  Missouri  River  upon  or  near  the  mili- 
tary reservation  of  Fort  Leavenworth.  A  right  of  way  not  exceed- 


KANSAS.  121 

ing  300  feet  in  width  was  also  granted  to  any  railroads  leading  to 
said  bridge  from  either  side  of  the  river. 

By  Act  of  Congress,  approved  July  27,  1868,  a  right  of  way,  not 
exceeding  100  feet  in  width,  was  granted  to  the  Leavenworth  and 
Des  Moines  Railway  Company,  to  construct  and  operate  a  railway 
across  the  reservation  on  the  east  side  of  the  Missouri  River. 

By  Act  of  Congress,  approved  July  27,  1868,  a  right  of  way,  not 
exceeding  100  feet  in  width,  was  granted  the  Leavenworth,  Atchison 
and  Northwestern  Railway  Company,  to  construct  and  operate  a 
railroad  across  the  reservation. 

By  Act  of  Congress,  approved  July  27,  1868,  a  strip  of  land  100 
feet  in  width  along  the  southern  boundary  of  the  reservation  in  the 
State  of  Kansas,  extending  from  the  Missouri  River  to  the  western 
boundary  thereof,  was  set  apart  for  the  perpetual  and  exclusive  use 
of  a  public  road. 

By  Act  of  June  23,  1884,  the  Leavenworth  Bridge  Company  was 
granted  authority  to  construct  a  bridge  across  the  Missouri  River  at 
the  city  of  Leavenworth. 

By  Act  of  Congress,  approved  July  3,  1886,  a  right  of  way,  not 
exceeding  100  feet  in  width,  was  granted  to  the  Leavenworth,  North- 
ern and  Southern  Railway  Company  to  construct  a  railroad  across 
the  reservation.  Right  of  way  designated  by  the  Secretary  of  War, 
May  6,  1887. 

Bv  Act  of  Congress,  approved  September  10,  1888,  a  right  of  way, 
50  feet  in  width,  was  granted  to  the  Leavenworth  Rapid  Transit 
Railway  Company  to  construct  and  operate  its  railroad,  from  its  ter- 
minus at  the  south  boundary  of  the  reservation  to  a  point  near  the 
military  prison,  and  to  construct  a  depot  and  necessary  side  tracks, 
turntables,  etc.  Location  of  railroad  and  depot  grounds  approved  by 
the  Secretary  of  War,  December  17,  1888. 

Lease:  Lease  to  Leavenworth  City  and  Fort  Leavenworth  Water 
Company,  June  15,  1889,  of  tract  containing  9.75  acres,  more  or  less, 
in  the  south  eastern  portion  of  the  reservation,  pursuant  to  act  of  Con- 
gress, approved  March  2,  1889,  for  the  purpose  of  constructing  and 
maintaining  thereon  a  reservoir. 

Revocable  Licenses:  License,  June  17,  1863,  to  Leavenworth  City 
Railroad  Company  to  cross  the  reservation. 

License,  February  9,  1886,  to  Grant  Monument  Association  to  erect 
monument  on  reservation. 

License,  June  27,  1889,  to  Louis  M.  Fink,  Bishop  of  Leavenworth, 
to  erect  church  and  school  building  on  tract  of  land  200  feet  square 
set  apart  for  that  purpose. 

License,  February  15,  1898,  to  members  of  the  officers'  mess  to  light 
the  mess  building  by  electricity  and  for  this  purpose  to  place  a  line 
of  poles  on  the  reservation. 

License,  August  25,  1900,  to  the  Kansas  City-Leavenworth  Rail- 
way Company  to  construct  and  operate  a  line  of  electric  railroad 
across  the  reservation,  with  permission  to  place  a  "  Y  "  and  waiting 
room. 

License,  April  8,  1901,  to  People's  Telephone  Company  to  extend 
its  lines  across  reservation  on  the  east  side  of  the  Missouri  River  to 
the  highway  leading  to  Platte  City,  Missouri. 


122  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

License,  July  12,  1901,  to  Leavenworth,  Kansas  and  Western  Rail- 
way Company  to  lay  a  spur  from  its  main  track  on  the  military  reser- 
vation to  the  line  of  the  new  penitentiary  grounds. 

License,  October  1,  1901,  to  the  Postal  Telegraph-Cable  Company 
to  construct  a  telegraph  line  along  the  southern  boundary  of  the 
reservation. 

License,  February  28,  1901,  to  the  Postal  Telegraph- Cable  Com- 
pany to  erect  and  maintain  a  line  across  the  Fort  Leavenworth 
Timber  Reserve  in  Missouri. 

License,  October  27,  1905,  under  Act  of  Congress,  approved  May 
31,  1902,  to  the  International  Committee  Y.  M.  C.  A.  for  building  on 
reservation. 

Licenses,  May  9,  1906,  to  People's  Telephone  Company  and  Mis- 
souri and  Kansas  Telephone  Company  for  telephone  lines  on  reser- 
vation. 

FORT  LEAVENWORTH    NATIONAL,   CEMETERY. 

This  cemetery  contains  an  area  of  5  acres  and  is  a  part  of  the  Fort 
Leavenworth  Military  Reservation.  (See  Fort  Leavenworth  for  title, 
etc.) 

MOUND  CITY  (SOLDIERS'  BURIAL  LOT). 

This  lot  is  situated  at  Mound  City,  in  Linn  County,  and  contains 
9,164  square  feet.  The  title  is  as  follows : 

Deed  from  the  Mound  City  Cemetery  Association  of  Mound  City, 
dated  July  11,  1870,  conveying  the  above  tract.  Recorded  in  Book 
15,  page  254,  of  the  deed  records  of  Linn  County. 

For  jurisdiction,  etc.,  see  General  Act  of  Cession. 

FORT  RILEY. 

The  area  of  this  reservation  is  19,446.735  acres,  exclusive  of  right 
of  way  (about  73.72  acres)  of  the  Union  Pacific  Railroad  Company, 
with  metes  and  bounds  as  announced  in  G.  O.  No.  112,  W.  D.,  1908. 
It  is  situated  on  the  Kansas  River,  about  3J  miles  from  Junction  City, 
in  Geary  County.  The  title  is  as  follows  : 

Included  in  the  Louisiana  purchase  from  France  in  1803,  it  became 
a  part  of  the  public  domain  and  was,  by  Executive  Order* dated  May 
5,  1855,  declared  a  reservation  for  military  purposes. 

By  Joint  Resolution  of  Congress,  approved  March  2,  1867,  a  por- 
tion of  the  reservation  was  released  to  the  state  of  Kansas  to  aid  in 
the  construction  of  a  bridge  over  the  Republican  River.  Under 
authority  of  Act  of  Congress,  approved  July  26,  1866,  the  President, 
by  Executive  Order,  dated  July  19,  1867,  set  apart  and  granted  to 
the  Kansas  Pacific  Railway  Company,  20  acres  in  the  bottom  oppo- 
site Riley  City.  This  latter  tract  was  surrendered  to  the  United 
States  by  the  successors  of  the  above  railway  company  by  the  follow- 
ing deed : 

Quit-claim  deed  from  the  Union  Pacific  Railroad  Company,  dated 
August  19,  1902,  conveying  20  acres.  Recorded  in  Book  5  of  Deeds, 
pages  355  to  358,  of  the  records  of  Geary  County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  February  14, 1889,  which  provides  as  follows: 


KANSAS.  123 

"  SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby, 
ceded  to  the  United  States  over  and  within  all  the  territory  owned  by 
the  United  States  and  included  within  the  United  States  military 
reservation  known  as  the  Fort  Riley  military  reservation,  in  said 
state,  as  declared  May  5,  1855,  by  the  President  of  the  United  States, 
and  reduced  by  joint  resolution  of  the  senate  and  house  of  representa- 
tives of  the  United  States,  approved  March  2,  1867,  saving,  however, 
to  the  said  state  the  right  to  serve  civil  or  criminal  process  within  said 
reservation  in  suits  or  prosecutions  for  or  on  account  of  rights  ac- 
quired, obligations  incurred,  or  crimes  committed  in  said  state  (but 
outside  of  said  cession  and  reservation),  and  saving  further  to  said 
state  the  right  to  tax  railroad,  bridge,  and  other  corporations,  their 
property  and  franchises,  and  the  property  of  citizens,  not  otherwise 
exempt,  on  said  reservation."  (Genl.  Stats.  Kansas,  1905,  sec.  3964.) 

Easements :  Act  of  Congress,  approved  May  9, 1888,  granted  a  right 
of  way  for  railway,  telegraph  and  telephone  line  upon  the  reservation 
to  the  Kansas  Valley  Railroad  Company. 

Act  of  Congress,  approved  February  27,  1891,  and  extended  by  Act 
of  March  6,  1894,  granted  a  right  of  way  upon  the  reservation  to  the 
Junction  City  and  Fort  Riley  Rapid  Transit  Street  Railway  Com- 
pany. 

Act  of  Congress  of  Feb.  26,  1908,  authorizes  the  Secretary  of  War 
to  grant  to  the  State  of  Kansas  one  acre  of  ground,  being  the  site  of 
the  old  station  building  used  as  the  first  territorial  capitol  at  Pawnee. 

Permission  granted,  January  15,  1902,  to  the  Boards  of  County 
Commissioners  of  Geary  and  Riley  counties  to  extend  a  pubilc  high- 
way across  the  reservation  from  its  northern  boundary  to  the  Wash- 
ington Street  Republican  River  Bridge,  under  authority  of  Act  of 
Congress,  approved  July  5,  1884. 

Revocable  License:  License,  August  30,  1900,  to  H.  P.  Wareham 
to  erect  and  maintain  a  telephone  line  across  the  reservation. 

License,  January  16,  1901,  to  the  Electric  Railway,  Light  and 
Ice  Company  to  construct  and  maintain  an  electric  railway  on  the 
reservation. 

License,  March  18,  1901,  to  the  State  Historic  Society  to  take  pos- 
session of  the  ruins  of  the  old  station  building  which  was  the  first 
Kansas  Capitol  at  Pawnee. 

License,  January  15,  1902,  to  the  Electric  Railway,  Light  and  Ice 
Company  to  erect  a  depot  at  the  terminus  of  its  line  on  the  reserva- 
tion. 

License,  August  25,  1902,  to  the  Union  Pacific  Railway  Company 
to  extend  its  two  tracks  beyond  its  right  of  way  on  the  reservation, 
one  800  feet,  and  the  other  1050  feet. 

License,  November  21,  1903,  to  the  Union  Pacific  Railroad  Com- 
pany to  maintain  the  spur  tracks  and  platform  erected  by  said  com- 
pany on  the  reservation. 

License,  October  10,  1905,  to  Union  Pacific  Railroad  Company  to 
maintain  side  tracks. 

License,  October  10,  1905,  to  Union  Pacific  Railroad  Company  for 
dwelling,  etc.,  for  use  of  station  agent. 

License,  July  19,  1906,  to  Missouri  &  Kansas  Telephone  Company 
for  telephone  line  on  the  reservation. 

License,  September  11,  1907,  to  Union  Pacific  Railroad  Company 
for  spur  track  to  new  granary. 


124  UNITED  STATES   MILITAKY  RESERVATIONS,  ETC. 

FORT  SCOTT  NATIONAL  CEMETERY. 

This  cemetery  contains  an  area  of  10.26  acres  and  is  situated  at 
Fort  Scott,  in  Bourbon  County.     The  title  is  as  follows : 

1.  Deed  from  The  Fort  Scott  Town  Company,  dated  October  16, 
1868,  conveying  5  acres  in'SW.  J,  Sec.  32,  T.  25,  R.  25  E.     Recorded 
in  Book  G,  page  520,  of  the  deed  records  of  Bourbon  County. 

2.  Deed  from  John  G.  Stewart  and  wife,  dated  October  16,  1868, 
quit-claiming  all  interest  in  above  5  acres.     Recorded  in  Book  G, 
page  519,  of  same  records. 

3.  Deed  from  J.  G.  Scott  et  al.,  dated  May  19,  1873,  conveying  by 
quit-claim  56  rods  of  land.     Recorded  in  Book  Q,  page  400,  of  same 
records. 

4.  Deed  from  B.  F.  Hepler  and  wife,  dated  June  3, 1873,  conveying 
56  rods  of  land.     Recorded  in  Book  Q,  page  403,  of  same  records. 

5.  Deed    from    Board   of   Trustees   of   "  The    First   Presbyterian 
Church  of  Fort  Scott,"  dated  August  15,  1873,  conveying  the  "  Pres- 
byterian Cemetery,"  being  part  of  the  SW.  J  of  Sec.  32,  T.  25,  R.  25. 
Recorded  in  Book  R,  page  493,  of  same  records. 

6.  Deed  from  John  G.  Stewart  and  wife,  dated  August  15,  1873, 
conveying  4.91  acres.     Recorded  in  Book  R,  page  491,  of  same  records. 

7.  Deed  from  W.  S.  Relfe,  Superintendent  of  Insurance  Depart- 
ment of  Missouri,  dated  August  6,  1880,  conveying  a  roadway  to  the 
National  Cemetery,  etc.     Recorded  in  Book  No.  30,  page  244,  of 
same  records. 

8.  Deed  from  James  R.  Bowman  et  al.,  dated  August  7,  1880,  con- 
veying a  roadway,  etc.     Recorded  in  Book  No.  30,  page  248,  of  same 
records. 

9.  Deed  from  John  Farnsworth  and  wife,  dated  August  16,  1880, 
conveying  a  roadway,  etc.     Recorded  in  Book  No.  30,  page  235,  of 
same  records. 

10.  Deed  from  Ira  D.  Bronson  and  wife,  dated  September  1,  1880, 
conveying  a  roadway,  etc.     Recorded  in  Book  No.  80,  page  239,  of 
same  records. 

11.  Deed  from  Charles  H.  Morley  and  wife,  dated  September  1, 
1880,  conveying  a  roadway.     Recorded  in  Book  No.  30,  page  238,  of 
same  records. 

12.  Deed  from  Annie  R.  Bowden  and  husband,  dated  September 
25,  1880,  conveying  a  roadway.     Recorded  in  Book  No.  33,  page  243, 
of  same  records. 

13.  Deed  from  James  H.  Wilson  and  wife,  dated  November  6,  1880, 
conveying  a  roadway.    Recorded  in  Book  No.  30,  page  234,  of  same 
records. 

14.  Deed  from  James  M.  Lee  et  al.,  dated  February  25,  1881,  con- 
veying a  roadway.     Recorded  in  Book  No.  30,  page  242,  of  same 
records. 

15.  Deed  from  Eliza  A.  Marr  and  husband,  dated  March  1.  1881, 
conveying  a  roadway.     Recorded  in  Book  No.  30,  page  236,  of  same 
records. 

16.  Deed  from  Cyrus  Newkirk  et  al.,  dated  March  4,  1881,  convey- 
ing a  roadway.     Recorded  in  Book  No.  30,  page  246,  of  same  records. 

17.  Deed   from  Fort  Scott  and  Gulf  Railroad   Company,  dated 
April  1,  1881,  conveying  a  roadway.     Recorded  in  Book  No.  29,  page 
378,  of  same  records. 


KENTUCKY.  125 

18.  Deed  from  George  W.  Williamson  and  wife,  dated  April  12, 
1882,  conveying  a  roadway.     Recorded  in  Book  No.  32,  page  606,  of 
same  records. 

19.  Deed  from  Eli  Hollingsworth  and  wife,  dated  November  15, 
1880,  releasing  roadway.     Recorded  in  Book  No.  30,  page  240,  of 
same  records. 

20.  Deed  from  Milton  Hollingsworth  and  wife,  dated  October  26, 
1880,  releasing  a  roadway.     Recorded  in  Book  No.  30,  page  241,  of 
same  records. 

21.  Deed  from  C.  H..Morley  and  wife,  dated  March  9,  1881,  re- 
leasing a  roadway.     Recorded  in  Book  No.  30,  page  253,  of  same 
records. 

22.  Deed  from  the  Board  of  County  Commissioners  of  Bourbon 
County,  dated  May  23,  1882,  releasing  the  roadway  in  said  city  of 
Fort  Scott  to  Cemetery.     Recorded  in  Book  No.  33,  page  311,  of  same 
records. 

The  title  of  the  Government  roadway  was  released  to  the  city  of 
Fort  Scott  for  street  purposes  by  Act  of  Congress,  approved  March 
4,  1907  (34  Stat.  L.,  1347). 

Jurisdiction  over  a  portion  of  the  cemetery  Avas  ceded  to  the 
United  States  by  an  act  of  the  State  Legislature,  approved  March 
2,  1870,  which  provides  as  follows: 

"  SECTION  1.  The  assent  of  the  State  of  Kansas  is  hereby  given  to 
the  purchase  of  land  heretofore  made  by  the  United  States,  under  the 
act  of  Congress,  approved  February  22,  1867,  for  the  purpose  of  a 
National  Cemetery  at  Fort  Scott,  Kansas,  said  tract  of  land  being 
the  five  acres  situate  near  the  City  of  Fort  Scott,  in  Bourbon  County, 
known  as  the  '  government  cemetery '  ;  *  *  *  and  the  jurisdic- 
tion of  the  State  of  Kansas  over  said  tract  of  land  is  hereby  ceded  to 
the  United  States  of  America,  and  said  land  shall  be  forever  free 
from  taxation  by  or  under  the  laws  of  this  State;  Provided,  That 
nothing  herein  contained  shall  be  so  construed  as  to  interfere  with  or 
prevent  the  service  of  process  issued  out  of  any  of  the  courts  of  this 
State  upon  such  tract  of  land,  or  to  interfere  in  any  way  with  the 
jurisdiction  of  this  State  to  punish  crimes  and  offenses  against  the 
law  of  this  State  committed  thereon." 

See  "  General  Act  of  Cession  "  for  jurisdiction  over  remainder  of 
cemetery. 

KENTUCKY. 

GENERAL  ACT  OF  CESSION. 

"Be  it  enacted,  etc. 

"  SECTION  1.  That  the  Commonwealth  of  Kentucky  hereby  consents 
to  the  acquisition  by  the  United  States  of  America"  of  all  lands  and 
appurtenances  in  this  Commonwealth  heretofore  legally  acquired,  or 
that  may  be  hereafter  legally  acquired,  by  purchase  or  condemnation, 
for  the  erection  of  forts,  magazines,  arsenals,  dock-yards  and  other 
needful  buildings,  including  post-offices,  custom-houses,  and  court- 
houses, also  lands  for  locks,  dams  and  canals  in  improving  the  naviga- 
tion of  the  rivers  and  waters  within  and  on  the  borders  of  the  Com- 
monwealth of  Kentucky." 

Approved  August  16*  1892.     (Kentucky  Stats.,  1903,  sec.  2376.) 


126  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

CAVE   HILL  NATIONAL  CEMETERY. 

This  cemetery  contains  an  area  of  3.58  acres  and  is  situated  near 
the  city  of  Louisville,  in  Jefferson  County,  being  a  portion  of  the 
public  cemetery  of  that  name.  The  title  is  as  follows : 

1.  Deed  from  Cave  Hill  Cemetery  Company,  dated  March  23,  1877, 
confirming  the  donation  by  said  Company,  made  in  1861,  of  Section 
A,  containing  28,418.80  square  feet  of  ground.  Eecorded  in  Book 
206,  page  440  of  the  records  of  Jefferson  County. 

'  £.  Deed  from  Cave  Hill  Cemetery  Company,  dated  July  23,  1863, 
conveying  Section  B,  containing  42,114  square  feet.  Recorded  in 
Book  115,  page  176,  etc.,  of  same  records. 

3.  Deed  from  Cave  Hill  Cemetery  Company,  dated  May  30,  1864, 
conveying  Sections  C  and  D,  containing  52,455  square  feet.     Re- 
corded in  the  Clerk's  Office  of  the  County  Court  of  Jefferson  County 
May  30,  1864. 

4.  Deed  from  Cave  Hill  Cemetery  Company,  dated  June  4,  1868, 
conveying  Section  E,  containing  4,991  square  feet.     Recorded  in  the 
Clerk's  Office  of  the  County  Court  of  Jefferson  County  June  4,  1868. 

5.  Deed  from  Cave  Hill  Cemetery  Company,  dated  June  19,  1893, 
conveying  a  tract  containing  15,934  square  feet  (marked  A  on  plat). 
Recorded  in  Book  419,  page  335,  of  the  records  of  Jefferson  County. 

6.  Deed  from  Ward  Payne  and  wife,  dated  November  26,  1867, 
conveying  the  southward  part  of  Lot  1,  in  square  8,  in  Payne's  addi- 
tion to  the  City  of  Louisville   (for  Keeper's  Lodge).     Recorded  in 
Book  139,  page  134,  of  same  records. 

7.  Deed  from  Cave  Hill  Cemetery  Company,  dated  November  12, 
1897,  conveying  2,366  square  feet  contiguous  to  above  cemetery  tract 
(for  the  purpose  of  erecting  a  rostrum).     Recorded  in  Book  495, 
page  470,  of  same  records. 

For  jurisdiction  see  Lebanon  National  Cemetery. 


DANVILLE    NATIONAL    CEMETERY. 

These  cemetery  lots  contain  about  0.31  acre,  and  are  within  the  city 
cemetery  at  Danville,  in  Boyle  County.  The  title  is  as  follows : 

Deed  from  the  Board  of  Trustees  of  the  Town  of  Danville,  dated 
June  12,  1868,  conveying  Lots  10  to  17,  inclusive,  and  from  30  to  41 
inclusive  (excepting  34  and  37)  in  Danville  Cemetery.  Recorded  in 
Book  10,  page  474,  of  the  records  of  Boyle  County,  June  13,  1868. 

For  jurisdiction  see  Lebanon  National  Cemetery. 

FRANKFORT.        (SOLDIERS'    LOT.) 

This  lot  contains  about  4,500  square  feet,  and  is  a  part  of  the  city 
cemetery  at  Frankfort,  in  Franklin  County.  The  title  is  as  folloAvs : 

Deed  from  The  Frankfort  Cemetery  Company,  dated  January  4, 
1868,  conveying  certain  lots  and  parts  of  lots  in  said  Cemetery,  aggre- 
gating 4,500  square  feet.  Recorded  same  date  in  the  Clerk's  Office 
of  the  County  Court  of  Franklin  County. 

For  jurisdiction  see  Lebanon  National  Cemetery. 


KENTUCKY.  127 

LEBANON     NATIONAL     CEMETERY. 

This  cemetery  contains  an  area  of  about  2  acres,  3  roods,  and  13.2 
perches,  and  is  situated  near  the  town  of  Lebanon,  in  Marion  County. 
The  title  is  as  follows: 

1.  Deed  from  James  J.  McElroy  et  al.,  dated  April  6,  1867,  con- 
veying 2  acres,  1  rood,  and  25  poles.     Recorded  in  the  Clerk's  Office 
of  the  County  Court  of  Marion  County,  July  9,  1868. 

2.  Deed  from  Charles  Gohe  and  wife,  dated  August  18,  1875,  con- 
veying about  0.50  acre.     Recorded  January  26,  1876,  in  same  records. 

3.  Release  of  J.  F.  McElroy,  dated  November  12,  1873.     Recorded 
in  the  Clerk's  Office  of  the  County  Court  of  Marion  County,  August 
18,  1875. 

Jurisdiction  was  ceded  to  the  United  States  by  the  following  act 
of  the  State  Legislature,  approved  March  9,  1867 : 

"Be  it  enacted,  etc., 

"  SECTION  1.  That  the  jurisdiction  over  the  lands,  parcels,  or  lots 
of  ground  purchased,  obtained,  used,  or  occupied  by  the  United  States, 
her  officers  or  agents,  for  the  burial  of  the  Union  dead,  in  the  follow- 
ing-described cemeteries,  burial  places,  and  parts  thereof,  and  over 
such  other  lands  and  parcels  of  ground  as  may  hereafter  be  required, 
purchased,  obtained,  used,  or  occupied  by  said  common  government 
for  such  purposes,  together  with  all  the  buildings,  improvements,  and 
other  property  belonging  thereto  or  connected  therewith  in  this  Com- 
monwealth, is  hereby  ceded  to  and  vested  in  the  said  United  States, 
so  long  as  such  premises  may  be  used,  occupied,  or  required  for  the 
purpose  of  sepulture  and  the  public  service,  except  for  the  punish- 
ment of  offenses  hereinafter  provided :  Perryville  National  Cemetery, 
near  Perryville,  in  Boyle  County,  about  four  acres ;  London,  near  Lon- 
don, Laurel  County,  about  two  acres ;  Camp  Nelson,  Jessamine  County, 
about  four  acres;  Lebanon,  near  Lebanon,  Marion  County,  about 
two  acres;  Mill  Springs,  near  Logan's  Cross  Roads,  about  two  acres. 

"  SEC.  2.  That  all  places  of  sepulture,  lands,  buildings,  fixtures, 
improvements,  and  property  of  the  United  States  thereon  or  con- 
nected therewith  shall  be  held  exonerated  and  exempt  from  any  and 
all  taxation  and  assessments  under  the  authority  of  this  state,  or  any 
county  or  other  municipality  therein,  so  long  as  the  same  shall  remain 
in  the  use  or  occupation  of  the  United  States. 

"  SEC.  3.  That  any  wilful,  reckless,  or  voluntary  mutilation  of  the 
graves,  monuments,  fences,  shrubbery,  ornaments,  or  grounds  or 
buildings  in  or  inclosing  said  cemeteries  or  places  of  sepulture  shall 
subject  the  offender  or  offenders  each  to  a  fine  of  not  less  than  ten 
dollars,  to  which  may  be  added,  in  the  discretion  of  the  jury  or  court 
trying  the  case,  imprisonment  in  the  county  jail  or  work-house  not 
exceeding  six  months,  to  be  prosecuted  before  any  court  having  com- 
petent jurisdiction." 

LEXINGTON    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  0.75  acre,  and  is  situated  within 
the  City  Cemetery  of  Lexington,  in  Fayette  County.  The  title  is  as 
follows : 

Deed  from  The  Lexington  Cemetery  Company,  dated  July  1,  1867, 
conveying  the  above  tract  by  metes  and  bounds.  Recorded  in  the 
Clerk's  Office  of  the  County  Court  of  Fayette  County,  May  29,  1868. 

For  jurisdiction  see  Lebanon  National  Cemetery. 


128  UNITED   STATES    MILITARY   ItESERVATlONS,   ETC. 

MILL   SPRINGS    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  about  3.50  acres,  and  is  situated 
near  Logan's  Cross  Roads,  about  8  miles  from  Somerset,  in  Pulaski 
County.  The  title  is  as  follows : 

Deed  from  William  H.  Logan  and  wife,  dated  July  5,  1867,  con- 
veying 3.50  acres.  Recorded  in  the  Clerk's  Office  of  the  County  Court 
of  Pulaski  County,  June  20,  1868. 

For  jurisdiction  see  Lebanon  National  Cemetery. 

CAMP    NELSON    NATIONAL    CEMETERY. 

This  cemetery  contains  about  9.50  acres,  and  is  situated  7  miles 
southwest  of  Nicholasville,  in  Jessamine  County.  The  title  is  as 
follows : 

1.  Deed  from  John  D.  Scott  et  al.,  dated  August  26,  1872,  convey- 
ing 7.25  acres,  and  also  a  strip  extending  to  the  Danville,  Lancaster 
and  Nicholasville  Turnpike,  containing  1  acre,  1  rood,  and  32  poles. 
Recorded  in  the  Clerk's  Office  of  the  County  Court  of  Jessamine 
County,  October  16,  1872. 

2.  Deed  from  John  D.  Scott  et  al.,  dated  April  18,  1874,  conveying 
1  acre.     Recorded  May  2,  1874,  in  same  records. 

For  jurisdiction  see  Lebanon  National  Cemeter}'. 

NEWPORT   BARRACKS. 

This  reservation  is  situated  in  the  city  of  Newport,  at  the  conflu- 
ence of  the  Ohio  and  Licking  Rivers,  and  contains  about  6  acres. 
The  title  is  as  follows: 

1.  Deed  from  Washington  Berry,  et  al.,  Trustees  of  the  Town  of 
Newport,  dated  July  28,  1803,  conveying  5  acres  and  6  square  poles, 
in  the  above  city.     Recorded  in  Book  B.  folio  345,  of  the  records  of 
Campbell  County. 

2.  Deed  from  Washington  Berry  et  al.  Trustees  of  the  Town  of 
Newport,  dated  February  11,  1806,  conveying  Lot  No.  34  and  the 
alley  between  said  lot  and  Lot  No.  33.     Recorded  in  Book  C,  Folio 
102,  of  same  records. 

3.  Deed  from  David  Morton,  dated  February  14,  1806,  conveying 
Lot  No.  3.     Recorded  in  Book  C,  Folio  101,  of  same  records. 

4.  Deed  from  the  Town  of  Newport,  dated  June  15,  1848,  convey- 
ing additional  land  lying  between  the  Ohio  and  Licking  Rivers. 
Recorded  in  Book  S,  Folio  288,  of  same  records. 

Jurisdiction  was  ceded  by  the  State  Legislature  by  Acts  approved 
December  26,  1803,  and  April  1st,  1880. 

By  Act  of  Congress  approved  July  31,  1894,  the  reservation  was 
granted  to  the  city  of  Newport  for  the  purposes  of  a  public  park,  with 
the  condition  that  should  the  city  ever  cease  to  use  it  as  such,  or  use  it 
or  any  part  of  it  for  any  other  purpose,  all  .right  and  title  should 
revert  to  the  United  States. 

FORT   THOMAS. 

This  reservation  contains  111  acres  2  roods  and  39  poles;  also  a 
Rifle  Range  containing  169  acres ;  also  the  right  of  way  to  the  station 
of  the  Chesapeake  and  Ohio  Railroad,  and  right  of  way  to  the  Ohio 
River  for  a  sewer,  all  in  Campbell  County.  See  G.  O.  Ill,  War 


KENTUCKY.  129 

Dept.,  June  18,  1906.  The  fort  is  3  miles  from  Newport  on  highlands 
overlooking  the  Ohio  River  and  about  4  miles  from  Cincinnati. 
The  post  was  established  and  lands  purchased  under  authority  of  an 
Act  of  Congress  approved  March  3,  188T.  The  title  is  as  follows: 

1.  Deed  from  Samuel  Brigstatf  and  wife,  dated  August  20,  1887, 
conveying  39  acres  2  roods  and  1  pole.     Recorded  in  the  Clerk's  Office 
of  the  County  Court  of  Campbell  County,  October  31,  1867,  in  Deed 
Book  Xo.  45,  pages  406  to  408,  Newport  Office. 

2.  Deed   from   Samuel   Shaw   and   wife,   dated   August  23,   1887, 
conveying  27   acres   1   rood  and  4  poles   with  certain  reservations. 
Recorded  October  31,  1887,  in  Deed  Book  No.  45,  pages  411  to  413, 
same  records. 

3.  Deed  from  Mary  A.  Happensack,  dated  August  25,  1887,  con- 
veying 29  acres  and  34  poles.     Recorded  October  31,  1887,  in  Deed 
Book  No.  45,  pages  409  to  411,  same  records. 

4.  Deed  from  A.  H.  Bloom,  dated  August  27,  1887,  conveying  15 
acres  and  3  roods.     Recorded  October  31,  1887,  in  Deed  Book  No.  45, 
page  414,  same  records. 

The  title  to  the  Rifle  Range  is  as  follows: 

1.  Deed  from  William  N.  Taliaferro,  dated  May  1,  1891,  convey- 
ing 169  acres.  Recorded  May  27,  1891,  in  Deed  Book  No.  51,  page 
475,  Alexandria  Office. 

The  title  to  the  right  of  way  to  the  station  on  the  Chesapeake  and 
Ohio  Railroad  is  as  follows: 

1.  Deed  from  William  H.  Truesdell  and  wife,  dated  March  5, 
1889,  conveying  about  31*000  square  feet.  Recorded  in  the  Clerk's 
Office  of  the  County  Court  of  Campbell  County  May  22,  1889,  in 
Deed  Book  No.  49.  page  406,  Newport  Office. 

The  title  to  the  right  of  way  for  sew^er  purposes  is  as  follows : 

1.  Deed  from  Samuel  W.  Hills  and  wife,  dated  February  4,  1889, 
conveying  the  right  and  privileges  therein  described.     Recorded  June 
7,  1889,  in  Deed  Book  No.  49,  page  446,  same  records. 

2.  Deed  from  Charles  Birkly  and  wife,  dated  March  6,  1889,  con- 
veying the  right  and  privileges  therein  described.     Recorded  May 
22,  1889,  in  Deed  Book  No.  49,  page  409,  same  records. 

3.  Deed  from  Martha  Stewart  and  others,  dated  March  7,  1889, 
conveying  the  right  and  privileges  therein  described.     Recorded  in 
the  Clerk's  Office  of  the  County  Court  of  Campbell  County,  in  Deed 
Book  No.  49,  page  411,  Newport  Office. 

Jurisdiction  over  the  main  reservation  was  ceded  to  the  United 
States  by  an  act  of  the  State  Legislature  approved  February  29,  1888. 
This  act  provides  as  follows: 

u  Whereas,  By  virtue  of  an  act  of  Congress  approved  March  3, 
1887,  authorizing  the  purchase  by  the  United  States  of  a  suitable  site 
in  Campbell  County,  Kentucky,  for  the  location  of  a  military  post, 
and  making  appropriations  for  the  erection  of  suitable  buildings 
thereon,  the  Bigstaff,  Happensack,  Bloom,  and  ShawT  tract  of  land, 
near  Newport,  was  selected  and  paid  for,  but  before  building  opera- 
tions can  be  commenced,  it  is  necessary,  under  the  provisions  of  Sec- 
tion 355,  Revised  Statutes  of  the  United  States,  that  the  consent  of 
the  Legislature  of  the  State  of  Kentucky  should  be  obtained,  and  that 
jurisdiction  over  the  land  in  question  should  be  ceded  to  the  United 
States ;  Therefore,  Be  it  enacted,  etc., 

16809—10 9 


130  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

"  SECTION  1.  That  the  consent  of  the  State  of  Kentucky  to  the  pur- 
chase of  the  tract  of  land  mentioned  in  the  preamble  to  this  act,  for 
the  purposes  therein  named,  by  the  United  States,  be,  and  is  hereby, 
given,  and  the  United  States  shall  have,  hold,  use  and  occupy  said 
land  as  provided  for  by  this  act. 

"  SEC.  2.  That  exclusive  jurisdiction  over  said  tract  of  land  be,  and 
is  hereby,  ceded  to  the  United  States,  so  long  as  they  remain  the  own- 
ers thereof,  for  all  purposes,  except  the  administration  of  the  crimi- 
nal laws  of  this  Commonwealth,  and  the  service  of  any  civil  process 
thereon ;  and  said  tract  of  land,  and  the  improvements  which  may  be 
erected  thereon,  shall  be  exempt  from  State,  county  and  municipal 
taxes  so  long  as  it  shall  remain  the  property  of  the  United  States." 

(A  proviso  follows,  securing  to  the  "  trustees  of  Covington  reser- 
voir and  the  City  of  Covington  "  the  right  to  lay  and  maintain  a 
30-inch  water  main,  and  the  right  of  access  thereto  over  parts  of  said 
lands.)  Approved  February  29,  1888. 

See  General  Act  of  Cession  for  jurisdiction  over  Rifle  Range. 

Revocable  license,  March  8,  1906,  to  The  Citizens  Telephone  Com- 
pany of  Cincinnati,  for  telephone  line  to  post. 

LOUISIANA. 

GENERAL    ACT   OF    CESSION. 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  shall  have 
power  to  purchase  or  condemn  in  the  manner  prescribed  by  law,  upon 
making  just  compensation  therefor,  any  land  in  the  State  of  Louisi- 
ana not  already  in  use  for  public  purposes,  required  for  custom- 
houses, court-houses,  arsenals,  national  cemeteries,  or  for  other  pur- 
poses of  the  government  of  the  United  States. 

"  SEC.  2.  Be  it  further  enacted,  etc.,  That  the  United  States  may 
enter  upon  and  occupy  any  land  which  may  have  been  or  may  be 
purchased  or  condemned,  or  otherwise  acquired,  and  shall  have  the 
right  of  exclusive  legislation,  and  concurrent  jurisdiction,  together 
with  the  State  of  Louisiana,  over  such  land  and  the  structures  thereon, 
and  shall  hold  the  same  exempt  from  all  State,  parochial,  municipal, 
or  other  taxation." 

(Approved  July  6,  1882.) 

ALEXANDRIA   NATIONAL   CEMETERY. 

This  cemetery  contains  an  area  of  8.24  acres,  which,  with  the  road- 
way belonging  thereto,  is  situated  at  Pineville,  in  the  Parish  of  Rap- 
ides.  It  was  taken  possession  of  for  cemetery  purposes  under  the 
act  of  Congress  approved  February  22,  1867,  and  title  acquired  as 
follows : 

Decree  of  condemnation  for  Lot  24  in  Poissin  Division  of  the  vil- 
lage of  Pineville,  in  the  Parish  of  Rapides,  containing  8.24  acres,  in 
Cause  No.  7248,  Ex  parte,  Secretary  of  War,  in  the  Circuit  Court 
of  the  United  States  for  the  Fifth  Circuit  and  District  of  Louisiana. 
Decree  rendered  and  filed  with  the  record  in  said  cause  in  the  Clerk's 
Office  of  said  Court  at  New  Orleans,  April  26,  1875. 

The  title  to  the  Roadway  is  as  follows  : 

1.  Donation  from  The  town  of  Pineville.  dated  October  5,  1888, 
conveying  a  right  of  way,  etc.  Recorded  in  the  Clerk's  Office  at 
Alexandria,  October  5,  1888. 


LOUISIANA.  131 

2.  Donation  from  Robert  Aaron,  Individual  and  as  Tutor,  dated 
January  5,  1889,  conveying  additional  right  of  way.    Recorded  in  the 
Office  of  the  Clerk  of  the  District  Court,  in  Book  of  Donations,  pages 
1  and  2. 

3.  Donation  from  Henry  Robinson,  dated  January  5,  1889,  convey- 
ing additional  right  of  way.    Recorded  in  the  Office  of  the  Clerk  of 
the  District  Court,  in  Book  of  Donations,  page  1. 

Jurisdiction  over  this  cemetery,  inter  alia,  was  ceded  to  the  United 
States  by  the  following  act,  approved,  September  16,  1868 : 

"Whereas,  the  United  States  of  America  have  purchased,  or  are 
about  to  purchase  and  set  apart  certain  tracts  of  land  in  the  State  of 
Louisiana,  hereinafter  described,  to  be  used  and  maintained  at  their 
own  expense,  in  perpetua,  as  National  Cemeteries  for  the  interment  of 
the  remains  of  United  States  soldiers,  deceased ;  and 

"Whereas,  the  laws  of  said  United  States  provide  that  no  public 
money  shall  be  expended  for  the  purchase  of  any  land  within  any 
State  of  the  United  States  until  a  cession  of  the  jurisdiction  by  the 
Legislature  of  the  State;  and 

"Whereas,  a  formal  application  has  been  filed  by  the  said  United 
States,  through  their  properly  accredited  representative,  for  the 
aforesaid  cession,  so  far  as  relates  to  the  lands  hereinafter  described ; 
now,  therefore, 

"Be  it  resolved,  etc.,  That  the  State  of  Louisiana  relinquish  all 
jurisdiction  over  the  hereinafter  described  lands  and  premises  in  said 
State  purchased  or  to  be  purchased  and  set  apart  for  the  purposes 
aforesaid,  and  that  such  jurisdiction  be,  and  the  same  is  hereby  ceded 
to  and  forever  vested  in  the  United  States.  *  *  * 

"All  that  certain  tract,  piece  or  parcel  of  land,  situated,  lying,  and 
being  in  the  city  of  Baton  Rouge  and  designated  on  a  map  of  a  sur- 
vey of  said  city  made  by  Henry  and  Wm.  G.  Waller,  city  survey- 
ors, as  squares  numbers  nineteen  (19),  twenty  (20),  and  twenty-one 
(21).  *  *  * 

"Also,  all  that  certain  other  tract  of  land,  piece  or  parcel  of  land, 
situate,  lying  and  being  at  Chalmette,  in  the  parish  of  St.  Bernard, 
and  State  of  Louisiana,  about  four  miles  below  the  city  of  New 
Orleans,  and  on  the  easterly  bank  of  the  Mississippi  River,  and  desig- 
nated by  the  letters  A,  B,  C,  D,  E  and  F,  on  a  map  or  plan  drawn  by 
Louis  H.  Pilie,  late  city  surveyor,  dated  January  29,  1867,  and  depos- 
ited in  the  office  of  the  city  notary  for  reference  as  plan  number 
twenty  (20).  *  *  * 

"Also,  all  that  certain  other  tract,  piece  and  parcel  of  land  situate 
in  the  Parish  of  East  Baton  Rouge,  in  said  State  of  Louisiana 
*  *  *  about  one  mile  below  Port  Hudson,  *  *  *  containing 
about  eight  acres.  *  *  * 

"Also,  all  that  certain  other  tract,  piece  or  parcel  of  land  situated 
at  Pineville  in  said  State."  *  *  * 

See  also  "  General  Act  of  Cession." 

BATON    ROUGE    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  7.50  acres,  and  is  situated  at 
Baton  Rouge,  in  the  Parish  of  East  Baton  Rouge.  The  title  is  as 
follows : 

1.  Act  of  sale  from  Simonna  Bareno,  dated  October  16,  1868,  con- 
veying Squares  Numbered  19  and  20  of  the  City  of  Baton  Rouge. 


132  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

Recorded  in  Book  X,  folio  218,  of  Notarial  Acts  in  the  Office  of  the 
Recorder  of  Deeds  in  the  Parish  of  East  Baton  Rouge. 

2.  Act  of  sale  from  Pierre  Baron  and  wife,  dated  October  16,  1868, 
conveying  Square  No.  21  of  the  City  of  Baton  Rouge.     Recorded  in 
Book  X,  folio  219,  of  same  records. 

3.  Grant  from  The  City  of  Baton  Rouge,  dated  April  21,  1873,  of 
certain  property  for  the  purpose  of  building  a  wall,  etc.     Recorded  in 
the  Auditor's  Office,  Baton  Rouge. 

For  jurisdiction  see  Alexandria  National  Cemetery,  ante. 

BATTERY    BIENVENUE. 

This  reservation  contains  934.7  acres  in  Township  12  South,  Range 
13  East,  and  is  situated  on  the  right  bank  of  Bayou  Bienvenue  at  the 
forks  of  said  Bayou  and  Mazant.  The  lands  were  reserved  for  mili- 
tary purposes  by  Executive  Order  dated  February  9,  1842,  and 
included  all  "  the  public  land  1,200  yards  each  way  from  the  fort." 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
legislature,  approved  June  1,  1846,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control 
over  the  sites  of  the  following  works  of  fortification  be,  and  the  same 
hereby  are,  granted  and  ceded  to  the  United  States,  for  military  pur- 
poses, viz :  Over  Fort  Jackson  on  the  right  bank  of  the  Mississippi 
River,  and  over  all  the  land  lying  within  fifteen  hundred  Castilian 
varas  (or  thirteen  hundred  and  ninety  yards  and  a  half),  measured 
from  the  most  salient  parts  of  the  works;  over  Fort  Saint  Philip,  on 
the  left  bank  of  the  Mississippi  River,  and  over  the  section  of  land  on 
which  it  is  situated,  being  section  eleven  of  township  nineteen,  range 
seventeen  east,  of  the  southeastern  District  of  Louisiana ;  over  Fort 
Pike,  at  Pass  Rigolets,  and  over  all  the  land  within  twelve  hundred 
yards  of  the  Fort,  measured  from  the  most  salient  parts  of  the 
works ;  over  Fort  Wood,  at  the  Chef  Menteur  Pass,  and  over  all  the 
land  within  twelve  hundred  yards  of  the  Fort,  measured  from  the 
most  salient  parts  of  the  works:  over  Battery  Bienvenue,  and  over 
all  the  land  within  twelve  hundred  yards  of  the  most  salient  parts  of 
the  same;  over  Tower  Dupres,  and  over  all  the  land  within  twelve 
hundred  yards  of  the  most  salient  parts  of  the  same;  and  over  such 
tract  of  land  as  the  United  States  may  reserve  or  purchase  for  the 
site  of  works  of  fortification  at  or  near  Proctor's  Landing  on  Lake 
Borgne,  not  to  exceed  the  area  lying  within  twelve  hundred  yards  of 
the  most  salient  parts  of  such  works  of  fortification: 

"Provided  always,  and  the  cession  and  jurisdiction  aforesaid  are 
granted  upon  the  express  condition  that  this  Commonwealth  shall 
retain  a  concurrent  jurisdiction  with  the  United  States  in  and  over 
the  said  tracts  of  land,  so  far  as  that  all  civil  and  such  criminal  proc- 
ess as  may  issue  under  the  authority  of  this  Commonwealth,  against 
any  person  or  persons  charged  with  crimes  committed  without  the 
said  tracts  of  land,  may  be  executed  therein  in  the  same  way  and 
manner  as  though  this  cession  and  consent  had  not  been  made  and 
granted,  except  so  far  as  such  process  may  affect  the  real  or  personal 
property  of  the  LTnited  States  within  the  ceded  territory. 

"  SEC!  2.  Be  it  further  enacted,  etc.,  That  the  property  over  which 
jurisdiction  is  granted  by  this  act,  shall  be  exonerated  and  dis- 
charged from  all  taxes  and  assessments  which  may  be  levied  or 


LOUISIANA.  133 

imposed  under  the  authority  of  this  State,  while  the  said  tracts  of 
land  shall  remain  the  property  of  the  United  States,  and  shall  be 
used  for  the  purposes  intended  by  this  act." 

CHALMETTE    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  about  16  acres,  and  is  situated 
at  Chalmette>  about  4  miles  below  the  City  of  New  Orleans,  on  the 
east  bank  of  the  Mississippi  River,  in  the  Parish  of  St.  Bernard. 
The  title  is  as  follows: 

Deed  of  donation  from  the  City  of  New  Orleans,  dated  May  26, 
1868,  conveying  about  13.60  acres,  describing  the  same  by  metes  and 
bounds.  Recorded  in  Conveyance  Book  No.  9,  folios  366  to  368,  of 
the  deed  records  of  the  Parish  of  St.  Bernard.  Right  of  way  from 
United  States  Barracks  to  National  Cemetery  granted  by  act  under 
private  signature,  dated  July,  1886,  and  Resolution  of  Police  Jury  of 
Parish  of  St.  Bernard,  of  August  2,  1886.  Recorded  August  2,  1886, 
in  Mortgage  Book  No.  12,  folio  741 ;  and  January  11,  1905,  in  Con- 
veyance Book  No.  20,  folio  438,  et  seq. 

Act  of  Congress,  approved  March  4, 1909  (35  Stat.  L.,  1002)  author- 
izes the  closing  of  the  River  Road  between  the  United  States  Bar- 
racks and  the  National  Cemetery,  acquired  in  1866,  as  stated  above, 
and  in  consideration  of  conveyance  of  the  lands  and  servitudes  re- 
ferred to  therein.  In  pursuance  of  this  authority,  the  New  Orleans 
Terminal  Company  by  Act  of  Sale,  dated  -  -  conveyed  to  the 
United  States,  as  an  addition  to  the  Cemetery,  a  tract  of  2.40  acres, 
and  the  servitude  over  the  strip  of  land  separating  this  tract  from  the 
right  of  way  of  the  Louisana  Southern  Railway,  and  right  of  way,  30 
feet  wide,  for  road  crossing  the  railway  right  of  way,  and  connecting 
with  the  New  Shell  Road. 

For  jurisdiction  see  Alexandria  National  Cemetery,  ante. 

CHALMETTE    MONUMENT. 

Act  of  Sale  from  the  Governor  of  Louisana,  before  Benjamin  Ory, 
Notary  Public,  May  24,  1907,  of  Chalmette  Monument  and  Site, 
under  Act  of  the  General  Assembly  of  the  State,  approved  June  19, 
1902,  authorizing  the  Governor  to  cede  title  and  jurisdiction  to  the 
United  States.  Transfer  accepted  by  the  President  of  the  United 
States  June  5,  1907,  under  Act  of  Congress,  approved  March  4,  1907, 
Recorded  in  the  Office  of  the  Register  of  Conveyances  for  the  Parish 
of  St.  Bernard,  in  Conveyance  Book  No.  21,  folio  248,  et  seq.  The 
jurisdiction  was  ceded  subject  to  the  proviso:  "  That  nothing  herein 
contained  shall  be  construed  as  to  prevent  in  any  manner,  the  Officer 
of  the  State,  from  executing  process  of  law  within  the  property 
herein  above  mentioned." 

JACKSON    BARRACKS. 

This  reservation  contains  an  area  of  87.87  acres,  and  is  situated  on 
the  east  bank  of  the  Mississippi  River,  about  3  mlies  below  the  City  of 
New  Orleans,  in  the  Parish  of  New  Orleans.  The  title  is  as  follows : 

1.  Act  of  sale  from  Pierre  Cotteret  and  wife,  dated  December  14, 
1833,  conveying  Lots  15  and  16  of  the  Parish  lots.  Recorded  in  the 
Office  of  the  Register  of  Conveyances  for  the  City  and  Parish  of  New 
Orleans,  in  Deed  Book  No.  14,  page  471. 


134  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

2.  Act  of  sale  from  Mrs.  Prudence  Desilets,  widow  of  Louis  Badius, 
dated  May  17,  1848,  conveying  parts  of  Lots  13  and  14  of  Parish  lots. 
Recorded  in  Deed  Book  No.  44,  page  580,  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  the  act  of  the  State 
Legislature,  approved  July  6,  1882,  for  which  see  General  Act  of 
Cession. 

The  Louisiana  Southern  Railway  crosses  the  reservation.  This 
track  was  built  shortly  after  the  purchase  of  the  first  parcel  men- 
tioned in  Act  of  Sale  numebr  one,  supra. 

North  Peters  Street,  a  public  highway,  crosses  the  reservation  along 
the  water  front.  This  highway  was  in  existence  at  the  time  the 
parcel  conveyed  by  Act  of  Sale  number  two,  was  acquired. 

FORT    JACKSON. 

This  reservation  contains  an  area  of  about  557.6  acres,  and  is  situ- 
ated on  the  right  bank  of  the  Mississippi  River  about  73  miles  below 
the  city  of  New  Orleans  in  the  Parish  of  Plaquemines.  The  title  is 
as  follows: 

Under  Spanish  and  French  occupation  known  as  Fort  Bourbon  and 
as  a  fortification  passed  to  the  United  States  under  the  cession  from 
France  in  1803.  A  formal  reservation  for  military  purposes  was 
made  by  Executive  Order  dated  February  9,  1842,  and  afterwards 
modified  by  Executive  Order  dated  October  26,  1847,  so  as  to  com- 
prise all  the  public  land  lying  1,500  Castillian  Varas  from  the  most 
salient  parts  of  the  extreme  outworks  of  the  port.  See  Records  of 
Circuit  Court  of  United  States  at  New  Orleans,  La.,  November  Term, 
1903,  M'Caleb  vs.  Booth,  for  recognition  of  lower  boundary  as  estab- 
lished by  survey  of  the  Engineer  Department  of  August  10,  1903. 

For  jurisdiction  see  Battery  Bienvenue. 

Revocable  Licenses:  License,  August  16,  1887,  to  R.  C.  Wood  and 
James  Sweeney  to  construct  telephone  line  on  reservation. 

License,  October  6,  1904,  to  Department  of  Commerce  and  Labor 
to  erect  upon  the  reservation  a  square  wooden  beacon. 

FORT  LIVINGSTON. 

This  reservation  contains  an  area  of  126.16  acres,  and  is  situated  on 
the  west  end  of  Grand  Terre  Island,  in  the  Parish  of  Jefferson,  at 
the  entrance  or  Grand  Pass  to  Barataria  Bay.  The  title  is  as  follows : 

Act  of  sale  from  Etienne  de  Gruy  and  wife,  dated  January  10, 
1834,  conveying  the  tract  of  126.16  acres.  Original  on  record  in  the 
office  of  Felix  De  Armas,  at  New  Orleans,  January  24,  1834,  as  re- 
quired by  law.  Jurisdiction  was  ceded  to  the  United  States  by  an  act 
of  the  State  Legislature,  approved  March  10,  1834,  and  by  the  deed  of 
the  Governor  of  the  State  dated  May  14,  1834.  The  act  provides  as 
follows : 

"SECTION  1.  Be  it  enacted,  etc.,  That  it  shall  be  lawful  for  the 
Governor  of  this  State,  and  he  is  hereby  authorized  for  and  in  behalf 
of  this  State,  by  proper  deed  and  instruments  of  writing  under  his 
hand  and  the  seal  of  the  State,  to  convey,  transfer,  assign  and  make 
over  to  the  government  of  the  United  States,  all  the  .jurisdiction 
which  this  State  possesses  over  the  tract  of  land  purchased  by  the 


LOUISIANA.  135 

United  States  for  the  purpose  of  erecting  a  fort  thereon,  situate  in 
the  parish  of  Jefferson,  and  known  by  the  name  of  Grand-terre. 

"  SEC.  2.  And  be  it  further  enacted,  etc.,  That  after  the  cession 
aforesaid,  if  the  said  fort  shall  be  suffered  to  fall  into  decay,  or  be 
rendered  useless,  and  so  continue  for  the  period  of  seven  years,  then, 
in  that  case,  the  jurisdiction  over  such  territory  hereby  directed  to 
be  vested  in  the  United  States,  shall  revert  to  this  State,  in  like  man- 
ner as  if  this  act  had  never  been  passed." 

Revocable  License:  License,  September  5,  1895,  to  James  W.  Wil- 
kinson to  land  parties  on  reservation  and  to  put  up  a  shelter  on  the 
southwest  sea-wall  of  the  fort  as  protection  against  sun  and  rain. 


FORT  MACOMB. 

Formerly  Fort  Wood,  and  contained  an  area  of  1,364.71  acres. 
The  reservation  is  at  Pass  Chef  Menteur,  on  Lake  Borgne,  in  the 
Parish  of  Orleans.  Assuming  it  to  be  a  part  of  the  public  domain 
it  was  reserved  for  military  purposes  by  Executive  Order  dated  Feb- 
ruary 9,  1842,  which  included  all  the  public  land  lying  within  1,200 
yards  of  the  fort,  measured  from  the  most  salient  parts  of  the  work. 
Claims  arising,  based  upon  French  grants,  Executive  Order  dated 
June  20,  1896,  transferred  to  the  Department  of  the  Interior  all  that 
portion  of  the  reservation  "which  lies  on  the  east  side  of  Chef 
Menteur  Pass,  in  sec.  28,  T.  11  S.,  R.  14  E.,  Southern  District  of 
Louisiana."  The  area  of  the  remainder  is  unknown. 

For  jurisdiction  see  Battery  Bienvenue. 

Revocable  Licenses:  License,  June  30,  1893,  to  the  Postal  Tele- 
graph-Cable Company  to  construct,  maintain  and  use  a  line  of  tele- 
graph across  the  reservation.  Change  of  location  authorized,  Janu- 
ary 30,  1905. 

License,  January  30,  1900,  to  the  American  Telephone  and  Tele- 
graph Company  of  Louisiana  to  erect  and  maintain  a  line  of  tele- 
phone and  telegraph  poles  and  the  necessary  fixtures  with  wires  across 
the  reservation. 

Lease,  July  10, 1907,  for  five  years  from  July  1,  1907,  of  reservation 
to  P.  A.  Ferguson. 

FORT   PIKE. 

This  reservation  contains  all  the  land  in  Sec.  19,  T.  10  S.,  R.  15  E., 
and  is  situated  south  of  Great  Rigolet  on  the  northern  margin  of  the 
Island  of  "  Petites  Coquilles,"  which  divides  Lake  Borgne  from  Lake 
Ponchartrain,  about  35  miles  northeast  of  New  Orleans.  The  land 
was  reserved  for  military  purposes  by  Executive  Order  dated  Febru- 
ary 9,  1842,  and  included  the  public  lands  within  1,200  yards  of  the 
Fort.  All  the  land  had  been  patented  to  the  State  as  swamp  except 
land  described  above. 

For  jurisdiction  see  Battery  Bienvenue. 

Revocable  License:  License,  April  30,  1894,  to  the  State  of  Louisi- 
ana and  the  city  of  New  Orleans  to  occupy  a  portion  of  the  reserva- 
tion for  the  care,  treatment  and  confinement  of  contagious  diseases, 
and  to  use  the  made  ground  outside  the  outer  west  ditch  of  the  fort 
for  the  residence  of  the  attending  physician. 


136  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

PORT    HUDSON    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  8  acres,  and  has  also  a  right  of 
way  to  the  river  at  Hickeys  Landing.  It  is  situated  at  Port  Hudson, 
in  the  Parish  of  East  Baton  Rouge.  The  title  is  as  follows : 

1.  Act  of  sale  from  James  H.  Gibbons  and  wife,  dated  August  IT, 
1869,  conveying  8  acres  and  the  right  of  way  from  the  Cemetery  to 
Hickeys  Landing  on  the  Mississippi  River.     Recorded  in  the  Re- 
corder's Office  of  the  Parish  of  East  Baton  Rouge,  in  Book  H,  page 
514,  of  Notarial  Acts. 

2.  Act  of  sale  from  Joseph  and  W.  S.  Slaughter,  dated  December 
27,  1890,  conveying  a  strip  of  land  60  feet  wide  by  4,650  feet  long 
for  right  of  way  from  Cemetery  to  Mississippi  River.     Recorded 
in  Book  No.  14,  page  152,  of  same  records. 

For  jurisdiction  see  Alexandria  National  Cemetery,  ante. 

PROCTOR'S  LANDING  MILITARY  RESERVATION. 

This  reservation  contains  an  area  of  about  100  acres  and  is  situated 
at  Proctorsville,  at  the  foot  of  Lake  Borgne,  in  the  Parish  of  St.  Ber- 
nard. The  title  is  as  follows : 

Act  of  sale  from  Mrs.  Mary  Screven  et  al.,  dated  March  15,  1856. 
conveying  the  above  tract.  Recorded  in  the  Office  of  the  Recorder 
for  the  Parish  of  St.  Bernard,  April  4,  1856,  in  Book  No.  6  of  Con- 
veyances, folios  76  to  81,  inclusive. 

Jurisdiction  over  this  place  was  ceded  to  the  United  States  by  act 
of  the  State  Legislature,  approved  June  1,  1846  (for  which  see  Bat- 
tery Bienvenue) ,  and  by  the  following  act,  approved  March  9,  1855 : 

"SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control 
be  ceded  to  the  United  States  over  such  tract  of  land  as  the  United 
States  may  reserve  or  purchase  for  the  site  of  works  of  fortification  at 
the  foot  of  Lake  Borgne;  provided  that  the  cession  and  jurisdiction 
aforesaid  are  granted  upon  the  express  condition  that  the  State  of 
Louisiana  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  in  and  over  such  tract  of  land,  so  far  as  that  all  civil  and  such 
criminal  process  as  may  issue  under  the  authority  of  this  Common- 
wealth against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land,  may  be  executed  therein  in  the  same 
way  and  manner  as  though  this  cession  and  consent  had  not  been 
made  and  granted,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States  within  the  ceded  territory. 

"  SEC.  2.  Be  it  further  enacted,  etc.,  That  the  property  of  which 
jurisdiction  is  granted  by  this  act  shall  be  exonerated  and  discharged 
from  all  taxes  and  assessments  which  may  be  levied  or  imposed  un- 
der the  authority  of  this  State  while  the  said  tract  of  land  shall  re- 
main the  property  of  the  United  States  and  shall  be  used  for  fortifica- 
tion purposes." 

FORT  ST.  PHILIP. 

This  reservation  contains  1,105.85  acres,  more  or  less,  embracing  all 
of  Sees.  11,  12,  13,  and  14,  and  one-half  of  Sec.  15,  T.  19  S.,  R.  17  E., 
Southeast  District,  East  of  the  Mississippi  River,  nearly  opposite 
Fort  Jackson,  in  the  Parish  of  Plaquemines.  It  was  a  fortified  point 


LOUISIANA.  137 

under  the  French  and  Spanish  occupation,  passing  to  the  United 
States  as  such  in  the  cession  from  France  in  1803.  Section  11  was 
formally  declared  a  reservation  for  military  purposes  by  Executive 
Order  dated  February  9,  1842.  The  reservation  was  later  increased 
by  the  following  additions,  aggregating  549.73  acres: 

1.  Decree  of  condemnation  for  39.14  acres  in  Sec.  12,  T.  19  S.,  R. 
17  E.,  in  cause  168,  The  United  States  v.  Mrs.  Sarah  Alexis  et  al.,  in 
the  29th  Judicial   District   Court,  Parish   of  Plaquemines.     Decree 
rendered  April  19,  1902,  and  recorded  July  9,  1902,  in  Book  36,  No. 
183,  folio  813,  of  Conveyances  of  Parish  of  Plaquemines. 

2.  Decree  of  condemnation  for  about  40  acres  in  Sec.  12,  T.  19  S., 
R.  17  E.  in  cause  206,  The  United  States  v.  the  Heirs  of  John  Butler 
et  al.,  in  the  29th  Judicial  District  Court,  Parish  of  Plaquemines. 
Decree  rendered  January  3,  1903,  and  recorded  January  5,  1903,  in 
Book  37,  No.  25,  folio  132,  of  Conveyances  of  Parish  of  Plaquemines. 

3.  Decree  of  Condemnation  for  40  arpents  of  land  in  cause  257, 
entitled  "The  United  States  v.  John  Morgan  et  al."  in  the  29th 
Judicial  District  Court,  Parish  of  Plaquemines.     Decree  rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  Clerk's  Office  of  said  Court. 

4.  Decree  of  Condemnation  for  40  arpents  of  land  in  cause  258, 
entitled  "  The  United  States  v.  Alexander  Kelly  et  al."  in  the  29th 
Judicial  District   Court,  Parish  of  Plaquemines.     Decree  rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  Clerk's  Office  of  said  Court. 

5.  Decree  of  Condemnation  for  160  acres  in  cause  259,  entitled 
"  The  United  States  v.  John  P.  Lyons  et  al."  in  the  29th  Judicial 
District  Court,  Parish  of  Plaquemines.     Decree  rendered  May  1,  1903, 
and  filed  May  11,  1903,  in  Clerk's  Office  of  said  Court. 

6.  Decree  of  Condemnation  for  40  arpents  of  land  in  cause  260, 
entitled  "The  United  States  v.  Dominique  Quatrochi  et  al."  in  the 
29th  Judicial  District  Court,  Parish  of  Plaquemines.     Decree  ren- 
dered May  2,  1903,  and  filed  May  11,  1903,  in  Clerk's  Office  of  said 
Court. 

7.  Decree  of  Condemnation  for  40  arpents  of  land  in  cause  261, 
entitled  "The  United  States  v.  Edmond  Buras  et  al."  in  the  29th 
Judicial   District   Court,  Parish  of  Plaquemines.     Decree  rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  the  Clerk's  Office  of  said 
Court. 

8.  Decree  of  Condemnation  for  20  arpents  of  land  in  cause  262, 
entitled  "  The  United  States  v.  Mrs.  Marie  Buras  et  al."  in  the  29th 
Judicial  District  Court,  Parish  of  Plaquemines.     Decree  rendered 
May  1,  1903,  and  filed  May  11,  1903,  in  Clerk's  Office  of  said  Court. 

9.  Decree  of  Condemnation  for  20  arpents  of  land  in  cause  289, 
entitled  "  The  United  States  v.  John  Bernard  Fasterling  et  al."  in 
the  29th  Judicial  District  Court,  Parish  of  Plaquemines.     Decree 
rendered  September  17,  1903,  and  filed  September  25,  1903,  in  Clerk's 
Office  of  said  Court. 

10.  Decree  of  Condemnation  for  81  acres  in  cause  290,  entitled 
"  The  United  States  v.  Estate  of  Patrick  Lyons  et  al."  in  the  29th 
Judicial  District  Court,  Parish  of  Plaquemines.     Decree  rendered 
September  17,  1903,  and  filed  September  25,  1903,  in  Clerk's  Office 
of  said  Court. 

11.  Decree  of  Condemnation  for  a  tract  126  feet  front  by  40  ar- 
pents depth  in  cause  291,  entitled  "The  United  States  v.  John  C. 
Burton  et  al."  in  the  29th  Judicial  District  Court,  Parish  of  Plaque- 


138  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

mines.  Decree  rendered  September  17,  1903,  and  filed  September  25, 
1903,  in  Clerk's  Office  of  said  Court. 

12.  Decree  of  Condemnation  for  a  tract  222  feet  front  by  40  ar- 
pents  depth  in  cause  292,  entitled  "  The  United  States  v.  The  Estate 
of  George  O'Brien  et  al."  in  the  29th  Judicial  District  Court,  Parish 
of  Plaquemines.  Decree  rendered  September  17,  1903,  and  filed 
September  25,  1903,  in  Clerk's  Office  of  said  Court. 

For  jurisdiction  see  General  Act  of  Cession. 

MAINE. 

GENERAL  ACT  OF  CESSION. 

"Be  it  enacted,  etc. 

"  SECTION  1.  That  the  jurisdiction  of  the  state  of  Maine  is  hereby 
ceded  to  the  United  States  of  America  over  so  much  land  as  has  been 
or  may  be  hereafter  acquired  for  the  public  purposes  of  the  United 
States:  Provided,  That  the  jurisdiction  hereby  ceded  shall  not  vest 
until  the  United  States  of  America  shall  have  acquired  the  title  to  the 
lands,  by  grant  or  deed,  from  the  owner  or  owners  thereof,  and  the 
evidences  thereof  shall  have  been  recorded  in  the  office  where,  by  law, 
the  title  to  such  land  is  required  to  be  recorded ;  and  the  United  States 
of  America  are  to  retain  such  jurisdiction  so  long  as  such  lands  shall 
be  used  for  the  purposes  in  this  section  mentioned,  and  no  longer ;  and 
such  jurisdiction  is  granted  upon  the  express  condition  that  the  state 
of  Maine  shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  said  lands,  so  far  as  that  civil  process,  in  all  cases  not 
affecting  the  real  or  personal  property  of  the  United  States,  and  such 
criminal  or  other  process  as  shall  issue,  under  the  authority  of  the 
state  of  Maine,  against  any  person  or  persons  charged  with  crimes  or 
misdemeanors  committed  within  or  without  the  limits  of  the  said 
lands,  may  be  executed  therein,  in  the  same  way  and  manner  as  if  no 
jurisdiction  had  been  hereby  ceded. 

"  SEC.  2.  That  all  lands  and  the  tenements  which  may  be  granted, 
as  aforesaid,  to  the  United  States,  shall  be  and  continue,  so  long  as 
the  same  shall  be  used  for  the  purposes  in  the  last  section  mentioned, 
exonerated  and  discharged  from  all  taxes,  assessments,  and  other 
charges  which  may  be  imposed  under  the  authority  of  the  state  of 
Maine."  (Approved  March  28,  1903.  Laws  of  Maine,  1903,  p.  146.) 

AUGUSTA  NATIONAL  CEMETERY. 

This  cemetery  property  comprises  Lots  Numbered  17,  18,  19,  49,  50 
and  51,  in  "  Mount  Pleasant  Cemetery,"  in  the  City  of  Augusta,  in 
Kennebec  County.  The  title  is  as  follows: 

Deed  from  the  City  of  Augusta,  dated  December  27,  1870,  con- 
veying Lots  17,  18,  19,  49,  50  and  51,  in  the  east  range  of  "  Mount 
Pleasant  Cemetery."  Recorded  in  Vol.  274,  page  531,  of  the  Ken- 
nebec Registry  of  Deeds,  together  writh  a  copy  of  the  record  of  the 
order  of  the  Board  of  Aldermen  of  the  city  of  Augusta,  passed 
November  26,  1870. 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature  approved 
February  4,  1889,  as  follows : 

"Be  it  enacted,  etc.,  SECTION  1.  That  there  be,  and  hereby  is,  ceded 
to. the  United  States  of  America,  the  jurisdiction  of  lots  number  sev- 


MAINE.  139 

enteen,  eighteen,  nineteen,  forty-nine,  fifty  and  fifty-one,  in  the  east 
range  of  lots  in  Mount  Pleasant  Cemetery  in  the  City  of  Augusta, 
said  lots  containing  the  graves  of  soldiers  of  the  United  States  of 
America,  whose  names  are  unknown. 

"  SEC.  2.  That  this  state  shall  have  concurrent  jurisdiction  with  the 
United  States  of  America  over  the  lots  described  in  the  first  section 
of  this  act,  so  far,  that  all  civil,  criminal  and  military  process,  issued 
under  the  authority  of  this  state,  or  any  officer  thereof,  may  be  exe- 
cuted on  any  part  of  said  lots,  in  the  same  manner  as  if  this  jurisdic- 
tion had  not  been  ceded." 

FORT  BALDWIN. 

Name  given  to  military  reservation  at  Sabino  Head,  mouth  of  the 
Kennebec  River,  by  G.  O.  No.  20,  W.  D.,  January  25,  1906.  This 
reservation  contains  an  area  of  about  38.13  acres  of  upland,  ex- 
clusive of  right  of  way,  and  about  7  acres  of  flats,  acquired  as 
follows : 

1.  Deed  from  Anson  M.  Oliver,  et  al.,  February  22,  1902,  con- 
veying 0.8T7  acre  of  upland;  recorded  in  Book  100,  page  448,  deed 
records  of  Sagadahoc  County. 

2.  Deed  from  Nathaniel  Perkins  and  wife,  January  23,  1905,  con- 
veying 0.877  acre  of  upland;  recorded  in  Book  108,  page  169,  Deed 
Records  of  Sagadahoc  County. 

3.  Deed  from  Nathaniel  Perkins,  et  al.,  December  23,  1904,  con- 
veying about  7  acres  of  flats;  recorded  in  Book  108,  page  170,  Deed 
Records  of  said  County. 

For  Jurisdiction,  see  General  Act  of  Cession. 

FORT  EDGECOMB. 

This  reservation  contains  an  area  of  about  3  acres,  and  is  situated 
in  Edgecomb,  Lincoln  County.  The  title  is  as  follows  : 

Deed  from  Moses  Davis,  dated  June  13,  1808,  conveying  the 
above  by  metes  arid  bounds.  Recorded  in  Liber  68,  folio  23,  of  the 
deed  records  of  Lincoln  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT    FOSTER. 

This  reservation  contains  about  40  acres,  with  metes  and  bounds  as 
described  in  G.  O.  No.  200,  W.  D.,  October  2,  1909.  It  is  situated  on 
Gerrish  Island,  in  Kittery,  in  the  County  of  York.  The  title  is  as 
follows : 

1.  Deed  from  Joseph  T.  Wiggin,  dated  May  15,  1873,  conveying 
30  acres  of  the  above  by  metes  and  bounds.     Recorded  in  Book  336, 
page  42,  of  the  deed  records  of  York  County. 

2.  Deed  from  Adna  B.  Lane,  dated  May  29,  1873,  conveying  10 
acres  and  adjoining  flats  and  right  of  way.     Recorded  in  Book  No. 
336,  page  157,  of  same  records. 

For  jurisdiction  see  Fort  Preble,  where  the  Act  of  February  18, 
1871,  seems  to  cede  jurisdiction.  See  also  General  Act  of  Cession. 

FORT    GORGES. 

This  reservation  contains  about  1.50  acres,  and  is  situated  on  what 
is  called  "Hog  Island  Ledge,"  in  Portland  Harbor,  2  miles  from 


140  r\iTi:i)  STATES   MIUTAIIY   RE8EBVATIONB,   BTO. 

Portland,  Cumberland  County,  h  is  seven-eighths  of  a  mile  north 
of  Fort  Preble,  :il)on(  live-twelfths  of  n  mile  west  of  (Jreat  lloo- 
Island,  mid  :i1)out  seven-eighths  of  a  mile  northwest  of  Fort 

Scamrael, 

Title  and   jurisdiction  ceded  to  the  I'nited  States  l>y  an  act  of  the 

State  Legislature,  approved  April  IT,  is;>7,  as  follows: 
"  /,',  /'/  enach  //,  <  /< . 

"Si-:«Tio\  I.  Jurisdiction  is  hereby  ceded  to  the  I'nited  States  over 
the  *  Iloii'  Island  Lcdiz'c.'  in  the  harbor  of  Portland,  Maine,  to  include 
all  of  said  "  led^e  '  above  or  within  low-water  mark,  and  so  much 
thereof  without  low-water  mark  as  shall  be  bounded  by  lines  drawn 
-even  hundred  yards  distant  from  and  parallel  to  the  faces  of  any 
'fort  to  be  built  thereon,  for  the  purpose  of  carrying  into  ell'ect  an 
act  of  Congress,  of  Mareh  third,  eighteen  hundred  and  lil'ty-seven, 
providing  for  the  commencement  of  a  for  I  ilicat  ion  on  '  IIoi>-  Island 
Li'do-e/  in  Portland  Harbor,  Maine.  Jurisdiction  is  also  ceded  to  the 
I'nited  States  over  any  tract  or  tracts  of  land  at  or  near  the  entrance 
to  Kennebec  River,  Maine,  that  may  be  acquired  by  the  I'nited  States 
for  the  pin-pose  of  carrying  out  an  act  of  Congress  of  Mareh  third, 
eighteen  hundred  and  lil'ty-seven,  providing  for  the  erection  of  '  i'or- 
t  ilicat  ions  at  the  month  of  the  Kennebec  River,  Maine,'  by  building 
and  maintaining  thereon  forts,  maii'a/ines,  arsenals,  dockyards, 
wharves,  and  other  structure^,  with  their  appendages,  ami  over  all 
the  contiguous  shores,  llats,  and  waters,  within  four  hundred  yards 
from  low-water  mark;  and  all  riu'ht,  title  and  claim,  which  this  State 
may  have  to  or  in  the  said  '  llo<r  Island  Ledp>.'  in  Portland  Harbor, 
and  said  tract  or  tracts  at  or  near  the  entrance  to  Kennebec  River, 
are  hereby  granted  to  the  I'nited  States;  />ror!d(  ,/,  that  this  State 
shall  retain  a  concurrent  jurisdiction  with  the  I'nited  States  in  and 
over  all  the  premises  aforesaid,  so  far  as  that  all  civil  processes  and 
such  criminal  process  as  may  issue,  under  the  authority  of  this  State, 
against  any  person  or  persons  charged,  with  crimes  committed  with- 
out the  premises  a  foresaid,  may  be  executed  therein  in  the  same  way 
and  manner  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 

"Sue.  'J.  The  premises  over  which  jurisdiction  is  granted  by  this 
act,  and  all  structures  and  other  property  t  hereon.  shall  be  exonerated 
and  discharged  from  all  taxes  and  assessments  which  may  be  laid  or 
imposed,  under  the  authority  of  this  State,  while  said  premises  shall 
remain  the  property  of  the  United  State-,  and  shall  be  used  for  the 
purposes  intended  by  this  act." 

See  also  (Jeneral  Act  of  Cession. 

'hli  License!  1/ieense,  May  10,  1SOO,  to  Kmcry  Waterhonsc 
and  Company  to  build,  maintain  and  use  a  powder-house  upon  the 
ledii'e  or  lill  near  the  postern  outside  the  works  at  Kort  Gorges. 

HANCOCK      r.AKKACKS. 

This  reservation  contains  •_'  I  acres  1  rood  and  1!>  rods,  and  is  situ- 
ated at  Iloulton.  in  Washington  County.  The  title  is  as  follows: 

1.  I  Veil  from  Joseph  Ilonlton,  jr.,  da'ted  July  .\  1S-JS,  conveying  ill 
acres  and  .V.)  rods.  Recorded  in  1  Ved  I>ook  No.  1,  pap1  -JT7,  of  the 
deed  records  of  Washington  County. 


MAINE.  141 

2.  Deed  from  Joseph  Houlton,  jr.,  dated  January  30,  1829,  con- 
veying 15.50  rods.  Recorded  in  Deed  Book  No.  2,  page  17,  of  same 
records. 

For  jurisdiction  see  General  Act  of  Cession. 

KENNEBEC     ARSENAL. 

The  site  and  grounds  of  this  arsenal  embrace  about  39  acres  and 
140  square  rods,  also  a  right  of  way.  It  is  situated  in  Augusta,  on 
the  east  side  of  the  Kennebec  River,  in  Kennebec  County.  The  title 
is  as  follows : 

1.  Deed  from  John  H.  Hartwell  and  wife,  dated  September  25, 
1827,  conveying  19  acres  and  140  square  rods.    Recorded  in  Book  61, 
page  172  et  seq.,  of  the  deed  records  of  Kennebec  County. 

2.  Deed  from  John  H.  Hartwell  and  wife,  dated  August  2,  1836, 
conveying  6  acres.    Recorded  in  Book  98,  page  345,  of  same  records. 

3.  Deed  from  J.  H.  Hartwell  and  wife,  dated  August  2,  1836,  con- 
veying 14  acres.    Recorded  in  Book  98,  pages  346  and  347,  of  same 
records. 

4.  Lease  for  999  years  from  John  H.  Hartwell  and  wife,  for  a  strip 
as  right  of  way  adjoining  Arsenal  site.    Recorded  in  Book  169,  page 
1,  of  same  records. 

The  arsenal  was  abolished  by  order  of  the  Secretary  of  War,  May 
1.  1901;  and  by  deed,  dated  April  12,  1905,  under  Act  of  Congress, 
approved  March  3,  1905,  the  premises  were  conveyed  to  the  State  of 
Maine  for  use  of  the  Maine  Insane  Hospital,  subject  to  possession 
being  resumed  by  the  United  States  "  whenever  the  President  in  his 
discretion  shall  decide  that  the  said  property  is  needed  for  the  uses 
of  the  United  States  or  that  the  requirements  of  this  Act  are  not 
strictly  observed." 

FORT   KNOX. 

This  reservation  contains  an  area  of  124.50  acres,  exclusive  of  roads, 
and  is  situated  on  the  west  bank  of  the  Penobscot  River,  opposite  the 
town  of  Bucksport,  in  Waldo  County.  The  title  is  as  follows : 

1.  Deed  from  John  Pierce,  dated  September  4,  1843,  conveying  52 
acres  and  135  rods.     Recorded  in  Vol.  46,  page  338,  of  the  deed 
records  of  Waldo  County. 

2.  Deed  from  Hannah  R.  Harriman  et  al.,  dated  September  4, 
1843,  conveying  4  acres.     Recorded  in  Vol.  46,  page  339,  of  same 
records. 

3.  Deed  from  William  French,  dated  September  25,  1843,  convey- 
ing 7  acres  and  79  rods.     Recorded  in  Vol.  46,  page  509,  of  same 
records. 

4.  Deed  from  Daniel  H.  Harriman,  dated  December  16,  1843,  con- 
veying two  undivided  third  parts  of  land  described  therein.     Re- 
corded in  Vol.  46,  page  536,  of  same  records. 

5.  Deed  from  William  French,  dated  March  23,  1844,  conveying  50 
acres  (including  the  7  acres  and  79  rods  in  Deed  marked  herein  as 
"  3  ").    Recorded  in  Vol.  50,  page  178,  of  same  records. 

6.  Deed  from  John  Lee,  dated  March  23,  1844,  conveying  a  plat  of 
about  0.50  acre  at  the  ferry  site.     Recorded  in  Vol.  50,  page  180, 
of  same  records. 


142  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

By  an  act  of  the  State  Legislature,  approved  March  12,  1844,  juris- 
diction was  authorized  to  be  ceded  by  the  Governor.  The  Act  pro- 
vides as  follows : 

"SECTION  1.  The  consent  of  this  Legislature  is  hereby  granted,  that 
the  United  States  may  purchase  at  the  narrows  of  the  Penobscot 
River  in  the  town  of  Prospect  and  County  of  Waldo,  the  following 
lands  namely:  the  farm  of  John  Pierce,  also  another  parcel  of  land 
adjoining  the  same,  belonging  to  the  widow  and  heirs  of  Benjamin 
Harriman,  deceased;  also  a  small  parcel  of  land  adjoining  the  second 
parcel,  being  about  half  an  acre,  belonging  to  John  Lee;  also  the  farm 
of  William  French,  adjoining  the  farm  of  said  Pierce,  or  of  so  much 
of  said  parcels  of  land  as  the  United  States  may  be  desirous  of  pur- 
chasing. 

"  SEC.  2.  After  the  United  States  shall  have  purchased  the  afore- 
said lands,  or  so  much  thereof  as  they  wish,  and  after  they  shall  have 
surveyed  the  same,  upon  application  of  the  United  States  to  the  Gov- 
ernor, for  jurisdiction,  describing  the  land  purchased  by  metes  and 
bounds,  the  Governor,  with  the  advice  and  consent  of  Council,  shall 
be  and  he  hereby  is  authorized  to  cede  jurisdiction  over  so  much  of 
said  lands,  to  the  United  States,  as  shall  have  been  purchased  by  them 
for  the  purpose  of  erecting  fortifications  and  other  purposes  of  na- 
tional defense;  reserving  therein  and  thereby  to  the  State  its  juris- 
diction, so  far  as  to  have  a  right  to  execute  within  the  limits  of  the 
tract  so  ceded,  all  civil  and  criminal  processes  lawfully  issued  under 
the  authority  of  the  State." 

Deed  from  the  Governor  of  the  State  ceding  jurisdiction  to  the 
United  States,  in  accordance  with  the  foregoing  Act  of  the  State  Leg- 
islature, was  duly  executed  November  28,  1844,  and  recorded  in  the 
Office  of  the  Secretary  of  State, 

See  also  General  Act  of  Cession. 

FORT   LEVETT. 

This  reservation  contains  an  area  of  about  125.68  acres,  with  metes 
and  bounds  as  given  in  G.  p.,  No.  63,  W.  D.,  1908.  It  is  situated  on 
the  southerly  side  of  Cushing  Island,  in  Portland  Harbor,  in  the 
County  of  Cumberland,  and  includes  also  the  land  which  lies  between 
high  and  low  water  mark  in  front  of  said  reservation.  The  title  is  as 
follows: 

1.  Decree  of  condemnation  of  said  property,  including  right  of 
way,  all  easements,  etc.,  in  a  certain  cause  wherein  the  United  States 
was  plaintiff  and  Francis  Cushing  et  al.  were  defendants  in  the  Dis- 
trict Court  of  the  United  States  for  the  District  of  Maine.     Decree 
rendered  March  1,  1894;  filed  and  recorded  in  the  Clerk's  Office  of 
said  Court. 

2.  Deed  from  Francis  Cushing,  dated  March  27,  1894,  conveying 
the  land  between  high  and  low  water  mark,  wharf,  etc.     Recorded  in 
the  Office  of  the  Register  of  Deeds  for  Cumberland  County,  in  Book 
No.  611,  page  433. 

3.  Decree  of  condemnation  for  92.28  acres  in  a  cause  entitled  "  The 
United  States  r.  Francis  Cushing  et  al.,"  in  the  United  States  Circuit 
Court  for  the  District  of  Maine.     Copy  of  final  decree  of  Court 
entered  February  1,  1904,  and  recorded  in  Book  747,  Page  158.  of 
same  records. 


MAINE.  143 

4.  Deed  from  Francis  dishing,  dated  February  4,  1908,  conveying 
right  and  privilege  of  laying  underground  cables,  etc.,  for  connecting 
the  military  and  other  work  at  Gushing  Island.  Recorded  in  Office 
of  Register  of  Deeds,  Cumberland  County,  April  8,  1908,  in  Book 
820,  page  347. 

For  jurisdiction  see  General  Act  of  Cession. 

LONG   ISLAND. 

This  reservation  contains  9.594  acres  and  is  situated  on  Long  Island 
in  Portland  Harbor.  The  title  is  as  follows: 

Decree  of  condemnation  for  9.594  acres  in  the  Circuit  Court  of  the 
United  States,  for  the  First  Circuit,  District  of  Maine,  in  a  cause 
entitled  "The  United  States  v.  Jeremiah  M.  Johnson  et  al."  Final 
Order  of  Court  entered  February  1,  1904,  and  recorded  in  Book  747, 
page  158,  of  the  records  of  Cumberland  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT    LYON. 

This  reservation  contains  an  area  of  about  22  acres,  and  comprises 
all  of  Cow  Island,  with  its  shores,  etc.,  in  Casco  Bay,  in  Cumberland 
county.  The  title  is  as  follows : 

Deed  from  Mary  L.  Deering  et  al.,  dated  November  29,  1873,  con- 
voying Cow  Island,  with  an  area  of  22  acres,  the  shores,  etc.  Re- 
corded in  Book  410,  page  56,  and  plat  in  Plan  Book  3,  page  46,  of  the 
deed  records  of  Cumberland  County. 

For  jurisdiction,  see  Fort  Gorges;  see,  also,  Fort  Preble,  where  act 
of  February  18,  1871,  seems  to  cede  jurisdiction;  see,  also,  General 
Act  of  Cession. 

FORT  McCLARY. 

This  reservation  contains  an  area  of  about  27.45  acres,  and  is  situ- 
ated in  York  County,  on  Kittery  Point,  a  projection  into  the  Piscat- 
aqua  River  opposite  Fort  Constitution,  in  Portsmouth  Harbor.  It 
is  ;U  miles  from  Portsmouth,  N.  H.  The  title,  except  as  to  the  tract 
of  1.87  acres  granted  by  the  State  (Act  of  March  12,  1808,  post), 
is  as  follows: 

1.  Deed  from  Mercy  Follett,  dated  May  22,  1846,  conveying  1  acre 
and  49  rods.     Recorded  in  Book  189,  page  251,  of  the  deed  records  of 
York  County. 

2.  Deed  from  Robert  G.  Safford  and  wife,  dated  May  22,  1846, 
conveying  10  acres  and  143  rods.     Recorded  in  Book  189,  pages  251- 
252,  of  same  records. 

3.  Deed  from  Roger  Deering  and  wife,  dated  May  22, 1846,  convey- 
ing 13  acres  and  62  rods.     Recorded  in  Book  189,  pages  252-253,  of 
same  records. 

4.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
1  acre  and  49  rods.    Recorded  in  Book  190,  pages  264-265,  of  same 
records. 

5.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
H  Mores  and  62  rods.    Recorded  in  Book  190,  pages  263-264,  of  same 
records, 


144  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

6.  Deed  from  Isaac  I.  Stevens,  dated  October  14,  1846,  conveying 
10  acres  and  143  rods.     Recorded  in  Book  190,  page  263,  of  same 
records. 

7.  The  Inhabitants  of  School  District  No.  12,  dated  June  22,  1893, 
conveying,  by  way  of  exchange,  a  tract  of  land  described.    Recorded 
in  Book  458,  page  527,  of  same  records.     The  United  States,  as  a 
consideration,   conveyed   to   said    School   District   a   tract   of   land 
described  in  a  deed  executed  on  the  4th  day  of  December,  1893,  by 
the  Secretary  of  War,  and  recorded  in  said  deed  records.     The  said 
exchange  was  authorized  on  the  part  of  the  school  district  at  an 
annual  meeting  held  March  29,  1893,  as  shown  by  the  records  of  said 
District  at  Kittery  Point,  and  was  made  by  the  Secretary  of  War 
under  and  by  virtue  of  the  provisions  of  an  Act  of  Congress  approved 
January  23,  1893. 

8.  Title  to  and  jurisdiction  over  the  original  site  of  Fort  McClary 
were  ceded  by  an  Act  of  the  General  Court  of  Massachusetts  ap- 
proved March  12,  1808,  as  follows : 

"  SECTION  1.  Be  it  enacted  etc.,  That  all  the  right  and  title  of  this 
Commonwealth  to  a  certain  piece  of  land  in  Kittery,  in  the  County  of 
York  and  Commonwealth  aforesaid,  called  Battery  Pasture,  on  which 
a  Fortification  formerly  stood;  and  is  bounded  on  the  North  by  the 
Road,  on  the  west  by  Frollet,  on  the  South  by  the  River,  and  on  the 
east  by  Frollet,  and  contains  one  acre  and  one  hundred  and  thirty- 
nine  rods,  as  will  appear  by  a  report  made  to  the  Hon.  David  Sewall, 
Esq.,  Agent  for  this  Commonwealth,  by  Benjamin  Parker,  Surveyor, 
about  the  year  Seventeen  hundred  and  ninety-eight,  be  and  hereby 
is  granted  and  ceded  to  the  United  States,  for  the  sole  purpose  of 
erecting  Fortifications  for  the  defence  of  the  United  States. 

"  SEC.  2.  Be  it  further  enacted,  That  the  cession  aforesaid  is  granted 
upon  the  express  conditon  that  this  Commonwealth  shall  retain  a  con- 
current jurisdiction  with  the  United  States  in  and  over  the  tract  of 
land  aforesaid,  so  far  as  that  all  civil  and  such  criminal  processes  as 
may  issue  under  the  authority  of  this  Commonwealth  against  any  per- 
son or  persons  charged  with  crimes  committed  without  the  said  tract 
of  land  may  be  executed  therein,  in  the  same  way  and  manner  as 
though  this  cession  had  not  been  made." 

Jurisdiction  over  the  additions  to  the  original  site  was  ceded  by 
the  following  act  of  the  State  Legislature  of  Maine,  approved  June 
31,  1846 :% 

"  Be  it  enacted,  etc., 

"  SECTION  1.  The  consent  of  this  state  is  hereby  granted  to  the 
United  States  to  purchase  an  additional  tract  of  land,  not  exceeding 
in  quantity  thirty  acres,  lying  adjacent  to  the  present  site  of  Fort 
McClary,  in  Kittery,  county  of  York,  for  military  purposes;  the  evi- 
dence of  the  purchase  aforesaid  to  be  entered  and  recorded  in  the 
Registry  of  Deeds,  in  the  county  of  York,  and  State  of  Maine;  and 
the  jurisdiction  over  the  said  tract  of  land,  is  hereby  granted  and 
ceded  to  the  United  States;  provided  always,  and  the  cession  and 
consent  aforesaid  are  granted  upon  the  express  condition  that  this 
State  shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  tract  aforesaid,  so  far  that  all  civil  and  such  criminal 
processes  as  may  issue  under  the  authority  of  this  State  against  any 
person  or  persons  charged  with  crimes  committed  without  the  said 


MAINE.  145 

tract  may  be  executed  therein  in  the  same  way  and  manner  as  though 
this  cession  and  consent  had  not  been  made  and  granted. 

"  SEC.  2.  The  property  over  which  jurisdiction  is  granted  by  this 
act,  shall  be  exonerated  and  discharged  from  all  taxes  and  assess- 
ments, which  may  be  laid  or  imposed  under  the  authority  of  this 
state  while  the  said  tract  shall  remain  the  property  of  the  United 
States,  and  shall  be  used  for  the  purposes  intended  by  this  act." 

See  also  General  Act  of  Cession. 

Easement:  Act  of  Congress,  approved  June  18,  1888,  granted  to 
the  York  Harbor  and  Beach  Railroad  Company  a  right  of  way  four 
rods  in  width  across  the  reservation. 

Revocable  licenses:  License,  May  8,  1897,  to  the  Portsmouth,  Kit- 
tery  and  York  Street  Railway  Company  to  construct  and  maintain 
an  electric  street  railway  over  the  roadway  through  the  reservation. 

License,  August  21,  1907,  to  the  Kittery  Water  District  to  lay  and 
maintain  its  water  pipes  or  mains  in-  the  present  road  through  the 
reservation. 

License,  August  22,  1907,  to  the  New  England  Telephone  and 
Telegraph  Company  to  construct  a  telephone  line  on  poles  along  the 
North  side  of  the  road  through  the  reservation. 

Revocable  lease:  Revocable  lease,  dated  October  19,  1907,  to 
Horace  Mitchell,  of  Kittery  Point,  Maine,  of  the  reservation,  for  a 
term  of  five  years  from  November  1,  1907,  and  subject  to  the  licenses 
and  easement  specified  above. 

FORT    McKINLEY. 

This  reservation  is  situate  on  Great  Diamond  Island  (formerly 
known  as  Great  Hog  Island),  Portland  Harbor,  and  contains  about 
111  acres.  The  title  is  as  follows : 

1.  Deed  from  Mary  L.  Deering,  et  al.,  dated  November  29,  1873, 
conveying  70  acres,  shores,  right  of  way,  etc.     Recorded  in  Book  410, 
page  53,  and  plat  in  Plan  Book  3,  page  46,  of  the  Registry  of  deeds 
in  Cumberland  County. 

2.  Quit-Claim  Deed  from  Alice  P.  Anderson,  dated  November  29, 
1873,  conveying  all  above- described  lands  on  Great  Hog  Island. 

3.  Decree  or  condemnation,  The  United  States  v.  The  Diamond 
Island  Association,  et  al.,  in  the  Circuit  Court  of  the  United  States, 
District  of  Maine.     Rendered  June  18,  1901,  and  filed  in  Clerk's 
Office  of  said  Court. 

For  jurisdiction  see  Fort  Gorges.  See  also  Fort  Preble,  where  Act 
of  February  18,  1871,  seems  to  cede  jurisdiction.  See  also  General 
Act  of  Cession. 

Revocable  license.  March  9,  190G,  to  E.  F.  Morgan  Company  to 
construct,  operate  and  maintain  a  laundry. 

FORT    MACHIAS. 

This  reservation  contains  about  2  acres,  and  is  situated  on  the 
Machias  River,  at  Machiasport,  in  Washington  County.  The  title  is 
as  follows: 

1.  Deed  from  William  Sanborn  and  wife,  dated  November  16, 
1809,  conveying  84.75  rods.  Recorded  in  Book  No.  6,  page  80,  of  the 
deed  records  of  Washington  County. 

16809—10 10 


146  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

2.  Deed  from  Benjamin  Berry  and  wife,  dated  November  16,  1809, 
conveying  224  rods  and  10  links.  Recorded  in  Book  No.  6,  page  88, 
of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

Lease  to  D.  W.  Kuhn  for  five  years  from  November  15,  1909. 

FORT  MADISON. 

This  reservation  contains  an  area  of  3.00  acres,  and  is  situated  at 
Castine,  on  the  Bay  of  that  name,  in  Hancock  County.  The  title  is 
as  follows : 

Deed  from  Joseph  Perkins  and  wife  to  James  Madison,  President, 
etc.,  his  successors,  etc.,  dated  April  1,  1809.  Recorded  in  Book  No. 
27,  page  105,  of  the  deed  records  of  Hancock  County. 

License  by  Act  of  Congress,  approved  July  30,  1894  (28  Stat.  L. 
159),  to  town  of  Castine,  Maine,  to  improve,  occupy,  and  control  this 
reservation  for  purposes  of  a  public  park,  the  right  being  reserved 
to  the  United  States  to  resume  possession  at  any  time.  Plans  of  im- 
provement approved  by  the  Secretary  of  War  Oct.  11,  1894. 

For  jurisdiction  see  General  Act  of  Cession. 

MILITIA    TARGET   RANGE. 

This  range  is  situated  in  the  city  of  Auburn,  County  of  Andros- 
coggin,  and  comprises  a  tract  of  60  acres.  The  title  is  as  follows : 

Deed  from  John  F.  Moody,  unmarried,  dated  June  22,  1908,  con- 
veying the  above  premises.  Recorded  in  Book  225,  page  600,  of  the 
Deed  Records  of  Androscoggin  County. 

NARROWS  ISLAND. 

This  reservation  contains  an  area  of  2.75  acres,  and  is  situated  on 
Narrows  Island,  in  Damariscotta  River,  Boothbay,  in  Lincoln  County. 

The  title  is  as  follows: 

Deed  from  John  A.  Kennedy,  dated  August  6,  1808,  conveying  2.75 
acres.  Recorded  in  Liber  67,  folio  33,  of  the  deed  records  of  Lincoln 
County. 

For  jurisdiction  see  General  Act  of  Cession. 

Lease :  Revocable  lease,  dated  October  3,  1904 ;  of  this  property,  for 
five  years  from  October  8,  1904,  to  E.  P.  Gamage. 

FORT    POPHAM. 

This  reservation  contains  an  area  of  6f  acres  (3^  of  which  are  flats) 
and  is  situated  on  Hunnewells  Point,  in  the  town  of  Phipsburg,  west 
bank  of  the  Kennebec  River,  near  its  mouth,  and  about  10  miles  below 
the  city  of  Bath,  in  the  County  of  Sagadahoc.  The  title  is  as  follows : 

1.  Deed   from  Joshua   Sharr,  dated  June  21,  1808,  conveying  2 
acres.    Recorded  in  Liber  70,  folio  6,  of  the  deed  records  of  Lincoln 
County. 

2.  Deed  from  Nathaniel  Perkins  et  al.,  dated  June  22,  1863,  convey- 
ing weir  privileges,  etc.     Recorded  in  Vol.  22,  pages  71  to  74,  in- 
clusive, of  the  deed  records  of  Sagadahoc  County. 

3.  Deed  from  Thomas  Spinney  et  al.,  dated  June  22,  1863,  convey- 
ing flats,  beach,  fishing  privileges,  etc.     Recorded  in  Vol.  22,  pages 
68  to  71,  inclusive,  of  same  records. 


MAINE.  147 

4.  Deed  from  Charles  A.  Clark  and  wife,  dated  June  1,  1863,  con- 
veying all  the  lands  and  flats  owned  by  the  grantor  on  Hunnewell's 
Point,  etc.     Kecorded  in  Vol.  22,  pages  78  to  82,  inclusive,  of  same 
records. 

5.  Condemnation  proceedings  involving  the  lands,  etc.,  in  forego- 
ing deeds  marked  Nos.  2,  3  and  4.     Decree,  entered  of  record  in  the 
Office  of  the  County  Commissioners  of  Sagadahoc  County,  June  4, 
1862. 

Jurisdiction  over  this  fort  was  ceded  to  the  United  States  by  the 
act  of  the  State  Legislature  approved  April  17,  1857,  (for  which  see 
Fort  Gorges,)  and  by  the  following  act,  approved  January  9,  1862 : 

"  Be  it  enacted,  etc., 

"  SECTION  1.  The  United  States  may  hold  forever  for  the  erection 
and  maintaining  of  a  fort  thereupon,  certain  territory  situated  at 
Hunnewell's  point,  at  the  mouth  of  the  Kennebec  river,  in  the  town 
of  Phipsburg,  within  the  county  of  Sagadahoc,  included  within  the 
following  boundaries,  to  wit :  Beginning  at  the  limits  of  the  land  of 
the  United  States  on  Adkins  bay  at  low  water;  thence  running  by 
low  water  westerly  to  a  point  fourteen  rods  west  of  the  old  wharf; 
thence  south  thirty-one  degrees  east,  three  hundred  and  fourteen  feet 
to  a  point  abreast  of,  and  seven  rods  from,  the  first  ledge  of  rocks; 
thence  southerly  six  degrees  east,  to  high  water  mark,  on  land  owned 
by  George  Irvin ;  thence  by  high  water  mark  to  Larcy's  rock ;  thence 
easterly  by  said  rock  to  low  water  mark;  thence  by  low  water  mark 
to  land  owned  by  the  United  States ;  thence  by  said  land  to  the  place 
of  beginning,  and  containing  five  and  a  quarter  acres,  with  all  the 
buildings,  structures,  and  improvements  of  every  kind  situated  there- 
on; reserving  such  jurisdiction  as  the  state  has  in  other  places  within 
the  same,  ceded  to,  or  held  by  the  United  States  for  similar  purposes ; 
Provided,  That  the  United  States  shall  pay  to  the  owners  of  said 
estate  such  compensation  as  shall  be  ascertained  in  the  manner  pre- 
scribed by  this  act  as  hereinafter  provided." 

See  also  General  Act  of  Cession. 

Revocable  Licenses:  License,  September  22,  1882,  to  the  Treasury 
Department  to  use  a  portion  of  the  reservation  for  life-saving  pur- 
poses. 

License,  December  13,  1902,  to  the  Treasury  Department  to  build 
a  fog-bell  house  and  a  foot  bridge  and  walk  leading  to  it. 

FORT   PREBLE. 

This  reservation  contains  an  area  of  about  30.177  acres  with  metes 
and  bounds  as  published  in  G.  O.  No.  194,  W.  D.  Sept.  16,  1907.  It  is 
situated  on  the  east  side  of  Portland  Harbor  at  Spring  Point,  2  miles 
from  the  City  of  Portland  in  Cumberland  County.  The  title  is  as 
follows : 

1.  Deed  from  Ebenezer  Thrasher  and  wife,  dated  February  29, 
1808,  conveying  5  acres.     Recorded  in  Liber  53,  folio  533,  etc.,  of  the 
deed  records  of  Cumberland  County. 

2.  Deed  from  Robert  Thrasher  et  al.,  dated  April  16,  1833,  con- 
veying two-thirds  interest  in  2  acres.     Recorded  in  Book  132,  page 
642,  of  same  records. 


148  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

3.  Deed  from  John  D.  Buzzell,  Guardian,  etc.,  dated  May  9,  1833, 
conveying  one-third  interest  in  2  acres.     Recorded  in  Book  133,  pages 
191-192,  of  same  records. 

4.  Deed  from  Horace  M.  Day  and  wife,  et  al.,  dated  April  8,  1871, 
conveying  the  tract  therein  described.     Recorded  in  Book  384,  page 
420,  of  same  records. 

5.  Deed  from  James  B.  Thornton,  dated  April  11,  1871,  conveying 
by  way  of  release  all  interest  in  land  described  in  Deed  marked  "  4. 
Recorded  in  Book  382,  page  267,  of  same  records. 

6.  Deed  from  Lucretia  T.  Adams  and  John  Adams,  dated  April 
14,  1871,  conveying  lots  20  to  31,  inclusive,  and  other  tracts  of  the 
estate  of  Ebenezer  Thrasher,  deceased.     Recorded  in  Book  383,  page 
530,  and  their  Power  of  Attorney,  recorded  in  Book  384,  page  402,  of 
same  records. 

7.  Deed  from  Sarah  J.  T.  Libby,  dated  April  14,  1871,  conveying 
certain  land  near  Fort  Preble.     Recorded  in  Book  383,  page  534,  of 
same  records. 

8.  Deed  from  Reuben  S.  Smart  and  wife,  dated  April  14,  1871, 
conveying  land  near  Fort  Preble.     Recorded  in  Book  383,  page  531, 
of  same  records. 

9.  Deed  from  Henry  S.  Thrasher  and  wife,  dated  April  14,  1871, 
conveying  land  near  Fort  Preble.     Recorded  in  Book  383,  page  535, 
of  same  records. 

10.  Deed  from  Lydia  B.  Thrasher,  dated  April  14,  1871,  conveying 
all  her  interest  in  certain  land  as  the  widow  of  Ebenezer  Thrasher, 
deceased.     Recorded  in  Book  383,  page  532,  of  same  records. 

11.  Deed  from  Edward  M.  Tucker,  dated  April  14,  1871,  conveying 
Lots  1  and  2  of  Estate  of  Ebenezer  Thrasher,  deceased.     Recorded 
in  Book  383,  page  533,  of  same  records. 

12.  Deed  from  Deborah  Fisher  and  G.  S.  Fisher,  dated  May  12, 
1871,  conveying  Lots  16,  17,  18,  19,  32,  33,  34,  35,  36,  37,  and  38  of 
the  estate  of  Ebenezer  Thrasher,  deceased ;  also  all  his  interest,  etc., 
in  Lots  5  and  6  of  said  estate  and  other  property  described.     Re- 
corded in  Book  387,  page  148,  of  same  records. 

13.  Deed  from  Deborah  Fisher  and  husband,  dated  November  21, 
1871,  conveying  Lot  15  of  the  estate  of  Ebenezer  Thrasher,  deceased. 
Recorded  in  Book  389,  page  309,  of  same  records. 

14.  Deed  from  Paulina  T.  Grant  and  husband,  dated  October  27, 

1874,  conveying  9,024  square  feet  of  land,  etc.     Recorded  in  Book 
411,  page  496,  of  same  records. 

15.  Deed  from  George  W.  Libby,  dated  December  29,  1874,  con- 
veying 3,300  square  feet  of  land.     Recorded  in  Book  414,  page  219, 
of  same  records. 

16.  Deed  from  Paulina  T.  Grant  and  husband,  dated  February  3, 

1875,  conveyance  to  correct  descriptions  in  former  deeds.     Recorded 
in  Book  416,  page  557,  of  same  records. 

17.  Deed  from  Bridget  Brown  and  husband,  dated  February  16, 
1875,  conveying  3,000  square  feet  of  land.     Recorded  in  Book  414, 
page  274,  of  same  records. 

18.  Deed  from  Lewis  Piper,  dated  February  16,  1875,  conveying 
(by  release)   the  land  conveyed  by  Bridget  Brown  to  the  United 
States.     Recorded  in  Book  408,  page  413,  of  same  records. 


MAINE.  149 

19.  Deed  from  Paulina  T.  Grant  and  husband,  dated  May  30,  1876, 
conveying  16,400  square  feet  of  land.     Recorded  in  Book  431,  page 
183,  of  same  records. 

20.  Deed  from  Reuben  S.  Smart  and  wife,  dated  June  28,  1876, 
conveying  27,437  square  feet  of  land  and  a  certain  right  of  way. 
Recorded  in  Book  434,  page  98,  of  same  records. 

21.  Deed  from  Joseph  M.  York  and  wife,  dated  June  28,  1876,  con- 
veying 7,060  square  feet  of  land,  etc.     Recorded  in  Book  429,  page 
524,  of  same  records. 

22.  Deed  from  Leander  S.  Arey  et  al.,  dated  September  18,  1896, 
conveying  48  square  rods.     Recorded  in  Book  644,  page  37,  of  same 
records. 

23.  Deed  from  William  W.  Goold,  dated  September  18,  1896,  con- 
veying a  tract  of  land  in  South  Portland  formerly  Cape  Elizabeth, 
therein  described.     Recorded  in  Book  644,  page  38,  of  same  records. 

24.  Deed  from  William  Goddard  et  al.,  dated  September  18,  1896, 
conveying  as  heirs  at  law  of  Hannah  Goddard,  deceased,  their  inter- 
est in  lands  near  Fort  Preble.     Recorded  in  Book  644,  page  80,  of 
same  records. 

25.  Deed  from  George  W.  Libby,  dated  September  19, 1896,  convey- 
ing 3,685  square  feet  of  land.     Recorded  in  Book  644,  page  40,  of  same 
records. 

26.  Deed  from  Catherine  Green,  dated  September  19,  1896,  con- 
veying 10,635  square  feet  of  land.     Recorded  in  Book  644,  page  39, 
of  same  records. 

27.  Deed  from  Charles  W.  Bray,  dated  March  23,  1900,  conveying 
certain  land  therein  described.     Recorded  in  Book  688,  page  250,  of 
same  records. 

28.  Deed  from  Adelaide  M.  Bray,  dated  March  24,  1900,  convey- 
ing certain  land  therein  described.     Recorded  in  Book  688,  page  249, 
of  same  records. 

29.  Deed  from  Adelaide  M.  Bray,  dated  October  2,  1901,  convey- 
ing about  62,616  square  feet.     Recorded  in  Book  709,  page  271,  of 
same  records. 

30.  Deed  from  Charles  W.  Bray,  dated  October  2,  1901,  conveying 
15,927  square  feet.     Recorded  in  Book  709,  page  270,  of  same  records. 

Jurisdiction  ceded  by  an  Act  of  the  General  Court  of  the  State  of 
Massachusetts,  passed  March  12,  1808,  for  which  see  Fort  Scammel, 
and  see  also  an  act  of  the  State  Legislature  of  Maine,  approved  Feb- 
ruary 18,  1871,  which  provides  as  follows : 

"  SECTION  1.  In  accordance  wTith  the  constitution  of  the  United 
States,  article  one,  section  eight,  clause  seventeen,  and  acts  of  congress 
in  such  cases  provided,  the  consent  of  the  legislature  is  given  to  the 
purchase  by  the  government  of  the  United  States,  or  under  its  author- 
ity, of  any  tract  of  land,  from  any  individuals  or  bodies  politic  or 
corporate,  within  the  state,  for  the  erection  of  light-houses  and  other 
needful  public  buildings;  and  all  deeds  and  conveyances  or  title- 
papers  for  the  same,  shall  be  recorded  upon  the  land  records  of  the 
county  in  which  the  land  so  conveyed  may  lie;  and  in  like  manner 
may  be  recorded,  a  sufficient  description,  by  metes  and  bounds,  courses 
and  distances,  of  any  tracts  and  legal  divisions,  of  any  public  land 
belonging  to  the  United  States,  set  apart  by  the  general  government 


150  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

for  either  of  the  purposes  before  mentioned,  by  an  order,  patent,  or 
other  official  paper,  so  describing  such  land. 

"  SEC.  2.  Lands  so  selected,  with  the  tenements  and  appurtenances 
for  the  purposes  before  mentioned,  are  exempt  from  taxation  by  the 
State." 

See  also  General  Act  of  Cession. 

ST.  GEORGES. 

This  reservation  contains  2  acres  2  roods  and  20  rods.  It  is  known 
as  "  Robinsons  Point,"  and  is  situated  on  the  eastern  side  of  St. 
Georges  River,  in  the  town  of  St.  George,  in  Knox  County  (formerly 
in  Lincoln  County).  The  title  is  as  follows: 

Deed  from  Joseph  Robinson,  dated  September  22,  1808,  conveying 
the  above  site.  Recorded  in  Liber  64,  folio  126,  of  the  deed  records 
of  Lincoln  County. 

For  jurisdiction  see  General  Act  of  Cession. 

Lease,  June  5,  1908,  for  five  years  from  June  15,  1908,  of  entire 
reservation  to  Joseph  E.  Moore. 

FORT  SCAMMEL. 

This  reservation  contains  an  area  of  12  acres,  and  is  situated  on  the 
Southwestern  part  of  House  Island,  near  the  entrance  to  Portland 
Harbor,  in  Cumberland  County.  The  title  is  as  follows : 

Deed  from  John  Green  Walden  and  wife,  dated  February  29,  1808, 
conveying  the  12  acres  of  land.  Recorded  in  Liber  53,  folio  531,  etc., 
of  the  deed  records  of  Cumberland  County. 

This  territory  being  at  the  date  of  the  above  deed  a  part  of  the 
Commonwealth  of  Massachusetts,  jurisdiction  was  ceded  by  an  act  of 
the  General  Court  of  that  Commonwealth  approved  March  12,  1808, 
as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  there  be  and  hereby  is  ceded 
to  the  United  States  of  America  the  jurisdiction  of  the  southwest  end 
of  House  Island,  near  the  entrance  of  Portland  Harbor,  the  northeast 
boundary  of  which  land,  is  a  line  commencing  at  a  large  brown  rock 
six  rods  from  high-water  mark;  thence  south  thirty-seven  degrees 
east,  five  rods  across  the  narrow  part  of  said  Island,  also  five  acres 
of  land  situate  on  the  extreme  end  of  spring  point,  opposite  said 
House  Island,  for  the  purpose  of  erecting  Batteries,  and  other  works 
for  the  defence  of  Portland  harbor,  which  lands  shall  be  laid  out,  at 
or  before  the  time  of  erecting  of  such  public  works  and  a  description 
thereof  in  writing  entered  in  the  registry  of  deeds  in  the  County  of 
Cumberland. 

"  SEC.  2.  That  this  Commonwealth  shall  have  concurrent  jurisdic- 
tion with  the  United  States,  in  and  over  the  said  lands,  so  far  as  that 
all  civil  and  criminal  processes,  issued  under  the  authority  of  this 
Commonwealth  or  any  officer  thereof,  may  be  executed  on  any  part  of 
said  granted  premises,  or  in  any  building  thereon  to  be  erected,  in 
the  same  way  and  manner,  as  if  the  jurisdiction  had  not  been  granted 
as  aforesaid." 

See  also  Fort  Gorges  and  General  Act  of  Cession. 


MAINE.  151 

Revocable  License:  License,  September  22,  1892,  to  the  Board  of 
Health,  Portland,  Maine,  to  use  part  of  the  reservation  for  quarantine 
purposes. 

SUGAR  LOAF  ISLAND    (NORTH  AND  SOUTH.) 

At  entrance  to  Kennebec  River.  Title  and  jurisdiction  ceded  to 
the  United  States  for  fortification  purposes,  as  authorized  by  Act  of 
Congress  of  March  3,  1857,  by  Act  of  the  State  Legislature,  approved 
April  17,  1857.  See  page  140,  ante. 

FORT  WILLIAMS. 

This  reservation  and  the  premises  occupied  for  light-house  pur- 
poses contain  an  area  of  about  75.72  acres,  with  metes  and  bounds 
as  published  in  G.  O.  No.  55,  W.  D.,  April  13,  1908.  It  is  situated 
at  Portland  Head,  in  the  Town  of  Cape  Elizabeth,  Cumberland 
County.  The  title  is  as  follows: 

1.  Deed  from  Asa  T.  Webster  and  wife,  dated  January  19,  1872, 
conveying  14  acres.     Recorded  in  Book  388,  page  567,  of  the  deed 
records  of  Cumberland  County. 

2.  Deed  from  George  C.  Thompson  and  wife,  dated  October  14, 
1873,  conveying  tract  conveyed  to  him  by  the  Sheriff,  etc.     Recorded 
in  Book  407,  page  189,  of  same  records. 

3.  Deed  from  William  L.  Pennell,  Sheriff,  etc.  (in  Condemnation 
proceedings),  dated  October  14,  1873,  conveying  9  acres.     Recorded 
in  Book  406,  page  181,  of  same  records;  and  the  following  deed  for 
the  same  tract: 

4.  Deed  from  Benjamin  B.  Dyer  and  wife,  dated  November  26, 
1873,  conveying  9  acres.     Recorded  in  Book  407,  page  190,  of  same 
records. 

5.  Deed  from  William  L.  Pennell,  Sheriff,  etc.  (in  Condemnation 
proceedings),  dated  October  14,  1873,  conveying  13  acres.     Recorded 
in  Book  406,  page  177,  of  same  records. 

6.  Deed  from  Green  Walden  and  wife,  dated  November  10,  1873, 
conveying  0.50  acre.     Recorded   in   Book  407,   page   140,   of  same 
records. 

7.  Deed  from  Joseph  D.  Symonds,  dated  March  1,  1900,  conveying 
9  acres  more  or  less,  with  certain  rights  and  privileges.     Recorded  in 
Book  687,  page  390,  of  same  records. 

8.  Deed  from  Georgiana  Thompson  et  al.,  dated  April  9,  1900, 
conveying  12.50  acres  with  the  buildings  thereon.     Recorded  in  Book 
688,  page  239,  of  same  records. 

9.  Decree  of  United  States  District  Court,  February  12,  1903,  vest- 
ing title  in  United  States  to  17.72  acres,  property  of  Arabella  Dyer; 
recorded  in  Book  730,  page  16,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession,  Fort  Gorges  and  Fort 
Preble. 

Revocable  Licenses:  License,  September  — ,  1900,  to  the  Selectmen 
of  the  town  of  Cape  Elizabeth  to  straighten,  widen  and  maintain  the 
road  along  the  west  side  of  the  reservation. 

License,  March  8,  1906,  to  New  England  Telephone  and  Telegraph 
Company  for  telephone  line. 


152  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

MARYLAND. 

GENERAL  ACTS  OF   CESSION. 

"  IT.  Jurisdiction  is  hereby  ceded  to  the  United  States  over  such 
lands  as  shall  be  condemned  as  aforesaid  for  their  use  for  public 
purposes,  as  soon  as  the  same  shall  be  condemned,  under  the  sanction 
of  the  general  assembly  of  this  State  hereinbefore  given  to  said  con- 
demnation; provided,  always,  that  this  State  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  all  lands  condemned 
under  the  provisions  of  this  article,  so  far  as  that  all  processes,  civil 
and  criminal,  issuing  under  the  authority  of  this  State,  or  any  of  the 
courts  or  judicial  officers  thereof,  may  be  executed  on  the  premises  so 
condemned,  and  in  any  building  erected  or  to  be  erected  thereon,  in 
the  same  way  and  manner  as  if  this  article  had  not  been  passed ;  and 
exclusive  jurisdiction  shall  revert  to  and  revest  in  the  State,  when- 
ever the  said  premises  shall  cease  to  be  owned  by  the  United  States 
and  used  for  some  of  the  purposes  mentioned  in  this  article. 

"  18.  All  the  lands  that  may  be  condemned  under  the  provisions  of 
this  article,  and  the  buildings  and  improvements  erected  or  to  be 
erected  thereon,  and  the  personal  property  of  the  United  States,  and 
of  the  officers  thereof,  when  upon  said  land,  shall  be  exonerated  and 
exempted  from  taxation  for  State  and  county  purposes,  so  long  as  the 
said  land  shall  continue  to  be  owned  by  the  United  States  and  used 
for  any  of  the  purposes  specified  in  this  article  and  no  longer."  (Ap- 
proved April  11, 1874.  Public  General  Laws  of  Maryland,  1904,  Vol. 
II,  p.  2084,  sees.  17  and  18.) 

"  19.  The  consent  of  the  State  is  given  to  the  purchase  by  the  gov- 
ernment of  the  United  States,  or  under  the  authority  of  the  same, 
from  any  individual  or  individuals,  bodies  politic  or  corporate,  of 
any  tract,  piece  or  parcel  of  land  within  the  boundaries  or  limits  of 
the  State  for  the  purpose  of  erecting  thereon  forts,  magazines,  arse- 
nals, coast  defences  or  other  fortifications  of  the  United  States,  or 
for  the  purpose  of  erecting  thereon  barracks,  quarters  and  other 
needful  buildings  for  the  use  of  garrisons  required  to  man  such  forts, 
magazines,  arsenals,  coast  defences  or  fortifications ;  and  all  deeds  and 
title  papers  for  the  same  shall  be  recorded  as  in  other  cases  upon  the 
land  records  of  the  county  in  which  the  land  so  conveyed  may  be ;  the 
consent  herein  given  being  in  accordance  with  the  seventeenth  clause 
of  the  eighth  section  of  the  first  article  of  the  constitution  of  the 
United  States  and  with  the  acts  of  Congress  in  such  cases  made  and 
provided."  (Approved  March  13,  1900,  idem,  sec.  19.  Section  20 
provides  for  condemnation  of  the  lands  required,  in  case  of  inability 
to  agree  with  the  owners  for  their  purchase ;  and  section  21  provides 
that  "  the  provisions  of  sections  17  and  18  of  this  article  (ante)  shall 
apply  to  all  property  or  lands  purchased  or  acquired  by  the  United 
States  under  the  provisions  of  sections  19  and  20  of  this  article.") 

"  26.  The  jurisdiction  of  the  State  of  Maryland  is  hereby  ceded  to 
the  United  States  of  America  over  so  much  land  as  has  been  or  may 
be  hereafter  acquired  for  public  purposes  of  the  United  States;  pro- 
vided, that  the  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  of  America  shall  have  acquired  the  title  to  the  lands, 
by  grant  or  deed,  from  the  owner  or  owners  thereof,  and  evidences 
thereof  shall  have  been  recorded  in  the  office  where,  by  law,  the  title 


MARYLAND.  153 

to  said  land  is  required  to  be  recorded;  and  the  United  States  of 
America  are  to  retain  such  jurisdiction  so  long  as  such  lands  shall  be 
[used]  for  the  purposes  in  this  section  mentioned,  and  no  longer; 
and  such  jurisdiction  is  granted  upon  the  express  condition  that  the 
State  of  Maryland  shall  retain  a  concurrent  jurisdiction  with  the 
United  States  in  and  over  the  said  [lands  so  far  as  that  civil  process 
in  all  cases  not  affecting  the]  real  or  personal  property  of  the  United 
States,  and  such  criminal  or  other  process  as  shall  issue  under  the 
authority  of  the  State  of  Maryland  against  any  person  or  persons 
charged  with  crimes  or  misdemeanors  committed  within  or  without 
the  limits  of  said  lands  may  be  executed  therein,  in  the  same  way  and 
manner  as  if  no  jurisdiction  had  been  hereby  ceded.  All  lands  and 
tenements  which  may  be  granted  as  aforesaid  to  the  United  States 
shall  be  and  continue  so  long  as  the  same  shall  be  used  for  the  pur- 
poses in  this  section  mentioned,  exonerated  and  discharged  from  all 
taxes,  assessments  and  other  charges  which  mav  be  imposed  under 
the  authority  of  the  State  of  Maryland;  provided,  however,  that 
nothing  in  this  section  shall  apply  to  Charles  county."  (Acts  ap- 
proved April  8,  1902,  and  April  7,  1904,  idem,  sec.  26.  The  portions 
in  brackets  are  found  in  Act  of  April  8,  1902,  but  are  omitted  from 
Act  of  April  7,  1904,  and  from  the  Public  General  Laws  of  1904.) 

ANNAPOLIS  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  4-J  acres,  and  is  situated  at 
Annapolis,  in  Anne  Arundel  County.  The  title  is  as  follows : 

Deed  from  Nicholas  Brewer,  Executor,  etc.,  dated  February  28, 
1871,  conveying  4-J  acres.  Recorded  in  Liber  S.  H.  No.  5,  folios  583, 
etc.,  of  the  land  records  of  Anne  Arundel  County. 

Jurisdiction  was  ceded  to  the  United  States  by  the  following  act  of 
the  State  Legislature,  approved  April  1,  1872: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  and  control  over 
the  lands  conveyed  by  Nicholas  Brewer,  executor  of  Nicholas  Brewer, 
deceased,  to  the  United  States  of  America,  as  a  National  Cemetery, 
by  deed  bearing  date  twenty-eighth  day  of  July,  eighteen  hundred 
and  seventy-one,  duly  executed,  acknowledged  and  recorded  in  Liber 
S.  H.,  number  five,  folio  five  hundred  and  eighty-three,  one  of  the 
land  record  books  of  Anne  Arundel  county,  be  and  the  same  are 
hereby  granted  and  ceded  to  the  said  United  States  of  America, 
which  said  lands  are  a  part  of  the  lands  called  '  Todd's  Range,'  lying 
and  being  in  Anne  Arundel  county  *  *  :  Provided,  always, 

That  this  cession  and  jurisdiction  are  granted  upon  the  express  con- 
dition that  this  Commonwealth  shall  retain  a  concurrent  jurisdiction 
with  the  United  States,  in  and  on  the  said  ceded  lands,  so  far  as, 
that  all  civil,  and  such  criminal  process  as  may  issue  under  the  au- 
thority of  this  State  against  any  person  or  persons  charged  with 
crimes  committed  without  the  limits  of  said  National  Cemetery,  and 
in  the  State  of  Maryland,  may  be  executed  therein  in  the  same  way 
and  manner  as  though  this  cession  and  consent  had  never  been  made 
and  granted,  except  so  far  as  such  process  may  affect  the  real  and 
personal  property  of  the  United  States,  within  the  limits  of  the  said 
National  Cemetery. 

"  SEC.  2.  And  ~be  it  enacted,  That  the  lands  conveyed  as  aforesaid, 
and  over  which  the  jurisdiction  is  granted  by  this  Act,  together  with 


154  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

all  personal  property  which  may  hereafter  be  within  the  bounds 
thereof  belonging  to  the  United  States,  or  to  any  of  the  officers  or 
agents  of  the  United  States,  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  at  any  time  imposed  by  the 
authority  of  this  State,  so  long  as  the  said  lands  are  and  shall  remain 
the  property  of  the  United  States,  and  be  used  for  the  purposes 
aforesaid." 

ANTIETAM    BATTLEFIELD. 

This  reservation  contains  an  area  of  about  40  acres,  and  is  situated 
in  Washington  County,  Md.,  the  lands  being  acquired  under  Acts  of 
Congress  approved  August  5,  1892,  March  2,  1895,  and  June  11, 1896, 
respectively,  for  the  purpose  of  marking  the  lines  of  battle  upon  the 
Battlefield  of  Antietam.  The  title  is  as  follows : 

1.  Deed  from  Samuel  D.  Piper  and  wife,  dated  April  10, 1895,  con- 
veying 3  acres  and  21  perches  of  land.     Recorded  in  Liber  No.  103, 
folio  603,  etc.,  of  the  land  records  of  Washington  County. 

2.  Deed  from  William  Roulette  and  wife,  dated  April  10,  1895, 
conveying  63  square  perches  of  land,  etc.     Recorded  in  Liber  No. 
103,  folio  605,  etc.,  of  same  records. 

3.  Deed  from  Caleb  Michael  and  wife,  dated  April  10,  1895,  con- 
veying 1  Acre  and  3  Roods  of  land,  etc.     Recorded  in  Liber  No.  103, 
folio  609,  of  same  records. 

4.  Deed  from  Jacob  B.  Stine  and  wife,  dated  April  10,  1895,  con- 
veying 47  square  perches  of  land,  etc.     Recorded  in  Liber  No.  103, 
folio  603,  etc.,  of  same  records. 

5.  Deed  from  Michael  Tenant  et  al.,  dated  April  10,  1895,  convey- 
ing 91  square  perches  of  land,  etc.     Recorded  in  Liber  No.  104,  folio 

56,  etc.,  of  same  records. 

6.  Deed  from  Urias  Gross  et  al.,  dated  April  10,  1895,  conveying 
158  square  perches  of  land,  etc.     Recorded  in  Liber  No.  104,  folios 

57,  etc.,  of  same  records. 

7.  Deed  from  Resin  D.  Fisher  and  wife,  dated  April  11,  1895,  con- 
veying 3  Roods  and  1  square  perch  of  land,  etc.     Recorded  in  Liber 
No.  103,  folios  608,  etc.,  of  same  records. 

8.  Deed  from  Abraham  Hoifmaster  et  al.,  dated  Aj>ril  11,  1895, 
conveying  32J  square  perches  of  land,  etc.     Recorded  in  Liber  No. 
103,  folio  602,  of  same  records. 

9.  Deed  from  Anna  Newcomer,  dated  April  15,  1895,  conveying  1 
Acre,  2  Roods,  and  8  perches  of  land,  etc.     Recorded  in  Liber  103, 
folio  604,  etc.,  of  same  records. 

10.  Deed  from  George  H.  Poffenberger  et  al.,  dated  April  17,  1895, 
conveying  2  Acres,  1  Rood,  and  9  square  perches  of  land,  etc.     Re- 
corded in  Liber  No.  104,  folio  54,  etc.,  of  same  records. 

11.  Deed  from  Otho  J.  Poffenberger  and  wife,  dated  April  25, 
1895,  conveying  2  Acres,  2  Roods,  and  1  square  perch  of  land,  etc. 
"Recorded  in  Liber  No.  103,  folio  606,  etc.,  of  same  records. 

12.  Deed  from  Euromus  H.  Hoffman,  dated  April  26,  1895,  con- 
veying 1  Acre  and  3J  square  perches  of  land,  etc.     Recorded  in  Liber 
No.  103,  folio  608,  of  same  records. 

13.  Deed  from  Cyrus  Hicks  Remsburg  and  wife,  dated  May  10, 
1895,  conveying  47  square  perches  of  land,  etc.     Recorded  in  Liber 
No.  104,  folio  54,  of  same  records. 


MARYLAND.  155 

14.  Deed  from  John  Buehler  et  al.,  dated  June  10,  1895,  conveying 
2  Roods  and  20  square  perches  of  land,  etc.     Recorded  in  Liber  No. 
103,  folio  606,  etc.,  of  same  records. 

15.  Deed  from  Caleb  Michael  and  wife,  dated  June  28,  1895,  con- 
veying 14J  square  perches  of  land.     Recorded  in  Liber  No.  104,  folio 
55,  etc.,  of  same  records. 

16.  Deed  from  Euromus  H.  Hoffman,  dated  July  2,  1896,  convey- 
ing 4  Acres  and  37  perches  of  land.     Recorded  in  Liber  G.  B.  O., 
No.  105,  folio  224,  of  same  records. 

17.  Deed  from  Hezekiah  H.  Thomas  et  al.,  dated  July  2,  1896, 
conveying  106  square  perches  of  land.     Recorded  in  Liber  G.  B.  O., 
No.  105,  folio  366,  etc.,  of  same  records. 

18.  Deed  from  Alexander  W.  Davis,  dated  July  8,  1896,  conveying 
56J  square  perches  of  land.     Recorded  in  Liber  No.  105,  folio  367, 
etc.,  of  same  records. 

19.  Deed  from  Charles  Currie  and  wife,  dated  November  22,  1895, 
conveying  13  perches  of  land,  etc.     Recorded  in  Liber  No.  104,  folio 
566,  etc.,  of  same  records. 

20.  Deed  from  Hannah  Nicodemus  et  al.,  dated  December  23,  1896, 
conveying  12  square  perches  of  land.     Recorded  in  Liber  No.  106, 
folios  40  and  41,  of  same  records. 

21.  Deed  from  Rush  C.  Hawkins,  Trustee,  etc.,  dated  May  17,  1897, 
conveying  3,600  square  feet  of  land.     Recorded  in  Liber  No.   106, 
folio  562,  etc.,  of  same  records. 

22.  Deed  from  Frank  W.  Cheney  and  wife,  for  themselves,  and 
Frank  W.  Cheney  as  trustee,  etc.,  dated  September  17,  1897,  convey- 
ing 10  acres  of  land  and  the  monument  thereon.     Recorded  in  Liber 
107,  folio  266,  etc.,  of  same  records. 

23.  Deed  from  Francis  A.  Cummings  as  Trustee,  etc.,  dated  Janu- 
ary 18,  1898,  conveying  49.50  square  perches.     Recorded  in  Liber  No. 
107,  folio  655,  of  same  records. 

24.  Deed  from  Orlando  B.  Wilcox  et  al.,  as  Trustees,  etc.,  dated 
September  14,  1898,  conveying  a  tract  forty  feet  square  and  a  monu- 
ment thereon.     Recorded  in  Liber  D.  H.  H.  No.  3,  folio  316,  etc.,  of 
the  land  records  of  Frederick  County. 

25.  Deed  from  the  Commonwealth  of  Massachusetts,  dated  Novem- 
ber 15,  1899,  conveying  23  square  perches  and  the  monument  thereon. 
Recorded  in  Liber  G.  B.  O.  No.  112,  folio  50,  etc.,  of  the  land  records 
of  Washington  County. 

26.  Deed  from  George  H.  Poffenberger  and  wife,  dated  April  8, 

1902,  conveying  3,600  square  feet.     Recorded  in  Liber  G.  B.  O.  No. 
116,  folio  96,  of  same  records. 

27.  Deed  from  Ann  C.  Wyand,  dated  October  15,  1902,  conveying 
400  square  feet.     Recorded  in  Liber  No.  118,  folio  16,  of  same  records. 

28.  Deed  from  Jacob  B.  Stine,  dated  October  15,  1902,  conveying 
498  square  feet.     Recorded  in  Liber  No.  118,  folio  16,  of  same  records. 

29.  Deed  from  John  Benner  and  wife,  dated  October  18,  1902,  con- 
veying 900  square  feet.     Recorded  in  Liber  No.  118,  folio  14,  of  same 
records. 

30.  Deed  from  the  Governor  of  Connecticut,  dated  February  18, 

1903,  conveying  400  square  feet.     Recorded  in  Liber  118,  folio  8,  etc., 
of  same  records. 


156  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

31.  Deed  from  Resin  D.  Fisher  and  wife,  dated  March  9,  1903, 
conveying  1,290  square  feet.     Recorded  in  Liber  118,  folio  15,  of  same 
records. 

32.  Deed  from  Hannah  Nicodemus,  dated  June  26,  1903,  conveying 
225  square  feet.     Recorded  in  Liber  S.  B.  O.,  No.  118,  folio  493,  of 
same  records.     Accepted  by  the  Secretary  of  War,  May  5,  1904. 

33.  Deed  from  William  H.  Reynolds  and  wife,  dated  June  20,  1904, 
conveying  625  square  feet.     Recorded  in  Liber  — ,  No.  126,  folio  146, 
of  same  records.     Accepted  September  26,  1904. 

34.  Deed  from  Anna  Newcomer,  dated  July  8,  1904,  conveying  600 
square  feet.     Recorded  in  Liber  G.  B.  O.  No.  120,  folio  226,  of  same 
records.     Accepted  September  26,  1904. 

35.  Deed  from  Jacob  B.  Stine,  dated  September  22,  1904,  convey- 
ing 1,375  square  feet.     Recorded  in  Liber  — ,  No.  120,  folio  432,  of 
same  records.     Accepted  November  29,  1904. 

36.  Deed  from  George  Alfred  Townsend,  dated  September  22,  1904, 
conveying  a  triangular  tract  of  land  at  Crampton  Gap,  South  Moun- 
tain, Maryland,  upon  which  has  been  erected  a  monument  to  the  First 
New  Jersey  Brigade.     Recorded  in  Liber  S.  T.  H.,  No.  267,  folio  367, 
of  the  Land  Records  of  Frederick  County,  Maryland.     Accepted 
March  10,  1905. 

37.  Deed  from  John  Luther  Nicodemus  and  wife,  dated  October  9, 
1905,  conveying  900  square  feet.     Recorded  in  Liber  G.  B.  O.  No.  122, 
folio  534,  etc.,  of  the  Land  Records  of  Washington  County. 

38.  Deed  from  the  State  of  Vermont,  dated  November  7,  1905,  con- 
veying about  400  square  feet  (being  the  same  premises  conveyed  to 
the  State  of  Vermont  by  Emory  E.  Thomas,  by  deed  dated  April  13, 
1901,  and  recorded  in  Liber  G.  B.  O.  No.  114,  folio  23,  Land  Records 
of  Washington  County).     Recorded  in  Liber  123,  folio  98,  Land 
Records  of  Washington  County,  Maryland. 

39.  Deed  from  the  State  of  Vermont,  dated  November  7,  1905,  con- 
veying about  66  square  feet  of  land  (being  the  same  premises  con- 
veyed to  the  State  of  Vermont  by  Rezin  Fisher  and  wife,  by  deed 
dated  May  24,  1897,  and  recorded  in  Liber  107,   folio   189,  Land 
Records  of  Washington  County).     Recorded  in  Liber  123,  folio  97, 
of  same  records. 

40.  Deed  from  John  Benner  and  wife,  dated  December  22,  1906, 
conveying  right  of  way  for  roadway.     Recorded  in  Liber  125,  folio 
212,  Land  Records  of  Washington  County. 

41.  Deed  from  Otho  J.  Poffenberger  and  wife,  dated  October  21, 
1907,  conveying  tract  of  land.     Recorded  in  Liber  127,  folio  107,  Land 
Records  of  Washington  County. 

Consent  to  purchase  was  given  and  jurisdiction  ceded  by  an  Act  of 
the  State  Legislature  approved  April  7,  1892,  providing,  inter  alia, 
as  follows: 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland, 
That  the  consent  of  the  said  State  is  hereby  given  to  the  acquisition 
by  the  United  States,  of  such  tracts  of  land  in  the  neighborhood  of 
the  battle  fields  of  Antietam  and  Monocacy  in  the  State  of  Maryland 
as  may  be  selected  by  the  Secretary  of  War  or  such  officer  as  he  may 
designate  for  the  purpose  of  erecting  monuments  or  tablets  for  the 
proper  marking  of  the  positions  of  each  of  the  several  commands  of 
the  army  of  the  United  States  engaged  in  the  battles  of  Antietam  and 


MAKYLAND.  157 

Monocacy,  for  opening  and  constructing  roads  and  avenues  in  con- 
nection with  the  positions  occupied  by  the  Federal  or  Confederate 
forces  engaged  in  said  battles,  for  preservation  of  the  grounds  covered 
by  said  battle  fields  for  historical  and  other  purposes,  and  for  making 
such  other  improvements  in  connection  with  said  battle  fields  as  the 
government  of  the  United  States  may  from  time  to  time  deem  proper. 
For  the  purposes  aforesaid  the  United  States  shall  have,  hold,  use, 
occupy  and  own  said  lands  when  purchased  or  acquired  and  exercise 
jurisdiction  and  control  over  the  same  and  every  part  thereof  subject 
to  the  restrictions  hereinafter  mentioned. 

Sec.  2.  The  jurisdiction  of  the  State  of  Maryland  in  and  over  the 
said  lands  when  acquired  by  the  United  States  shall  be  and  the  same 
is  hereby  ceded  to  the  United  States  and  shall  continue  so  long  as 
the  said  lands  shall  remain  the  property  of  the  United  States  and  no 
longer;  and  the  same  shall  be  and  continue  exonerated  from  all 
taxes,  assessments,  and  other  charges  which  may  be  levied  under  the 
authority  of  this  State;  provided  however,  that  the  State  of  Mary- 
land shall  and  hereby  does  retain  concurrent  jurisdiction  with  the 
United  States  in  and  over  said  lands  so  far  as  that  all  civil  process 
in  all  cases  and  such  criminal  or  other  process  as  may  issue  under  the 
authority  of  the  State  of  Maryland  against  any  person  or  persons 
charged  with  crimes  or  misdemeanors  committed  within  said  State, 
including  said  lands,  may  be  executed  therein  in  the  same  manner 
as  if  consent  to  the  acquisition  had  not  been  given  or  jurisdiction 
ceded  except  so  far  as  such  process  may  affect  the  personal  or  real 
property  of  the  United  States. 

ANTIETAM   NATIONAL  CEMETERY. 

This  Cemetery  contains  an  area  of  11  acres,  and  is  situated  at 
Sharpsburg,  in  Washington  County.  The  title  is  as  follows : 

1.  The  State  of  Maryland  to  the  United  States  by  an  Act  of  the 
State  Legislature,  approved  March  13,  1878,  conveying  all  right,  title, 
and  interest  of  the  State  and  as  Trustee  for  other  States.     (See  act 
appended  hereto.) 

2.  The  State  of  New  York  consenting  to  the  transfer  by  Maryland 
by  an  Act  of  the  State  Legislature,  approved  January  19,  1878. 

3.  The  State  of  New  Jersey  by  an  Act  of  the  State  Legislature, 
approved  February  7,  1878. 

4.  The  State  of  Maine  by  an  Act  of  the  State  Legislature,  approved 
February  12,  1878. 

5.  The  State  of  Wisconsin  by  an  Act  of  the  State  Legislature, 
approved  March  1,  1878. 

6.  The  State  of  Connecticut  by  an  Act  of  the  State  Legislature, 
approved  March  26,  1878. 

7.  The  State  of  Massachusetts  by  an  Act  of  the  State  Legislature, 
approved  March  29,  1878. 

8.  The  State  of  Rhode  Island  by  an  Act  of  the  State  Legislature, 
approved  April  12,  1878. 

9.  The  State  of  Pennsylvania  by  an  Act  of  the  State  Legislature, 
approved  April  24,  1878. 

10.  The  State  of  New  Hampshire  by  an  Act  of  the  State  Legisla- 
ture, approved  August  9,  1878. 


158  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

11.  The  State  of  Vermont  by  an  Act  of  the  State  Legislature, 
approved  October  18,  1878. 

12.  The  State  of  Michigan  by  an  Act  of  the  State  Legislature,  ap- 
proved January  30,  1879. 

13.  The  State  of  Minnesota  by  an  Act  of  the  State  Legislature, 
approved  March  3,  1879. 

14.  The  State  of  West  Virginia  by  an  Act  of  the  State  Legislature, 
approved  March  11,  1879. 

15.  The  State  of  Indiana  by  an  Act  of  the  State  Legislature,  ap- 
proved March  29,  1879. 

16.  The  State  of  Ohio  by  an  Act  of  the  State  Legislature,  approved 
May  6,  1879. 

17.  Deed  from  Daniel  H.   Rhorback  and  wife  to  the  Antietam 
National  Cemetery,  dated  September  25,  1865,  conveying  1  acre,  1 
rood,  and  9  perches  of  land.     Deed  recorded  in  Liber  L.  B.  X.,  No.  1, 
folio  188,  etc.,  of  the  land  records  of  Washington  County. 

18.  Deed  from  Boonsborough  Turnpike  Company,  dated  March  3, 
1888,  conveying  the  right  of  way,  etc.,  over  and  control  of  part  of 
Turnpike. 

Title  and  also  jurisdiction  was  ceded  to  the  United  States  by  an 
act  of  the  State  Legislature,  approved  March  13,  1878,  which  pro- 
vides as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title  and  interest 
of  the  State  of  Maryland,  and  of  the  said  State  of  Maryland  acting  as 
Trustee  for  other  States,  as  hereinbefore  set  forth,  in  and  to  the  land 
occupied  by  the  Antietam  National  Cemetery,  in  the  county  of  Wash- 
ington, in  the  State  of  Maryland,  *  *  *  be,  and  the  same  is 
hereby  ceded,  conveyed,  transferred,  and  granted,  with  all  the  rights, 
privileges,  hereditaments,  and  appurtenances  thereunto  belonging  or 
pertaining  to  the  United  States  of  America,  in  fee  simple,  to  have 
and  to  hold  forever. 

"  SEC.  2.  And  ~be  it  enacted,  That  jurisdiction  and  control  over  the 
land  conveyed  by  this  act,  as  hereinbefore  provided,  be,  and  the 
same  are  hereby,  granted  and  ceded  to  the  United  States  of  America; 
Provided  always,  That  this  cession  and  jurisdiction  are  granted  iipon 
the  express  condition  that  this  Commonwealth  shall  retain  concur- 
rent jurisdiction  with  the  United  States  in,  and  on  the  said  ceded 
lands,  so  far  as,  that  all  civil  and  such  criminal  process  as  may  issue 
under  the  authority  of  this  State  against  any  person  or  persons 
charged  with  crimes  committed  without  the  limits  of  said  National 
Cemetery  and  in  the  State  of  Maryland,  may  be  executed  in  the  same 
way  and  manner  as  though  this  cession  and  consent  had  never  been 
made  and  granted,  except  so  far  as  such  process  may  affect  the  real 
and  personal  property  of  the  United  States,  within  the  limits  of  the 
said  National  Cemetery. 

"  SEC.-3.  And  be  it  enacted,  That  the  lands  conveyed  as  herein  pro- 
vided, and  over  which  jurisdiction  is  granted  by  this  act,  together 
with  all  personal  property  which  may  hereafter  be  within  the  bounds 
of  said  cemetery  belonging  to  the  United  States,  or  to  any  of  the 
officers  or  agents  of  the  United  States,  shall  be  exonerated  and  dis- 
charged from  all  taxes  and  assessments  which  may  be  at  any  time 
imposed  by  the  authority  of  this  State,  so  long  as  the  said  lands  shall 
remain  the  property  of  the  United  States,  and  be  used  for  the  pur- 
poses indicated  in  the  act  of  this  Assembly,  passed  March  twenty- 
third,  eighteen  hundred  and  sixty-five,  hereinbefore  referred  to," 


MARYLAND.  159 

FORT   ARMISTEAD. 

This  reservation  is  situated  at  Hawkins  Point,  in  Anne  Arundel 
County,  and  contains  an  area  of  45.51  acres,  with  metes  and  bounds' 
as  described  in  G.  O.  174,  W.  D.,  November  2,  1908.  The  title  is  as 
follows : 

1.  Condemnation  of  a  tract  of  12.47  acres,  property  of  Thomas  C. 
Chappell,  in  the  District  Court  of  the  United  States  for  the  District 
of  Maryland.     Decree  rendered  October  9,  1896,  and  filed  with  the 
records  of  said  cause  iri  judgment  records  S.  H.  No.  1,  folio  87,  etc., 
in  the  Clerk's  Office  of'*  said  District  Court. 

2.  Deed  from  Thomas  C.  Chappell  and  Alcinda  M.  Chappell,  dated 
July  16,  1908,  conveying  three  tracts  of  land  aggregating  33.04  acres ; 
deed  recorded  in  Liber  G.  W.  61,  folio  103,  Land  Records  of  Anne 
Arundel  County. 

Consent  to  purchase  and  condemnation,  and  jurisdiction  ceded,  by 
Acts  of  the  State  Legislature  approved  April  2  and  11,  1874,  and 
March  13,  1900,  given  under  "  General  Acts  of  Cession." 

FORT  CARROLL. 

This  reservation  contains  about  3.4  acres,  and  is  an  artificially  con- 
structed island  on  Sollers  Point  Flats,  in  the  Patapsco  River,  about 
4J  miles  from  Baltimore.  Jurisdiction  was  ceded  by  an  act  of  the 
State  Legislature  approved  March  6,  1847,  which  provides  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Maryland  be,  and  the  same  is  hereby,  given  to  the  United  States  to 
erect  works  of  fortification  on  Sollers  Point  Flats,  in  the  Patapsco 
River;  and  that  the  right  of  jurisdiction  is  hereby  ceded  to  the 
United  States  over  any  works  of  fortification  that  may  be  erected  by 
them  on  the  said  Sollers  Point  Flats,  in  the  Patapsco  River;  said 
jurisdiction  to  extend  in  all  directions  one-fourth  of  a  mile  beyond 
any  part  of  the  works  and  their  appendages." 

License,  September  14,  1905,  to  Department  of  Commerce  and 
Labor  for  occupation  by  light-house  keeper  of  present  quarters. 

FORT   FOOTE. 

This  reservation  contains  an  area  of  66  Acres  2  Roods  and  17J 
Perches,  and  is  situated  on  the  left  bank  of  the  Potomac  River,  on 
Roziers  Bluff,  8  miles  below  Washington,  District  of  Columbia,  in 
Prince  George  County.  The  title  is  as  follows: 

1.  Deed  from  Woodbury  Wheeler,  Trustee,  etc.,  dated  December 
26,  1872,  conveying  51  Acres  1  Rood,  and  12|  perches  of  land.     Re- 
corded in  Liber  H.  B.  No.  C,  folio  758,  etc.,  of  the  land  records  of 
Prince  George  County. 

2.  Deed   from  Francis  W.  Rozier  and  wife,  dated  January  25; 
1873,  conveving  15  acres  1  Rood  and  4J  perches  of  land.     Deed  re- 
corded in  Liber  H.  B.  No.  C,  folio  760,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  April  1,  1872,  which  provides  as  follows: 

"  SECTION.  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  and  control 
of  the  lands  hereinafter  described,  or  any  portion  thereof,  situate  on 


I 


160  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

the  Potomac  River,  in  Prince  George  County,  that  may  hereafter 
be  conveyed  by  deed  duly  executed,  acknowledged,  and  recorded  to 
the  United  States  of  America  for  the  site  of  a  fort,  and  the  water, 
water  rights,  and  all  other  rights  appertaining  thereto,  whenever  the 
same  shall  be  so  conveyed,  be  and  the  same  is  hereby  vested  in  the 
United  States  of  America  for  military  and  naval  purposes ;  *  *  * 
provided,  always,  that  this  cession  and  jurisdiction  are  granted  upon 
the  express  condition  that  this  State  shall  retain  a  concurrent  juris- 
diction with  the  United  States,  in  and  on  the  said  ceded  lands  and 
territory  or  the  portion  thereof  that  may  be  so  as  aforesaid  conveyed, 
so  far  as  that  all  civil  and  such  criminal  process  as  may  issue  under 
the  authority  of  this  State,  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands  and  ceded  territory,  may 
be  executed  therein  the  same  way  an  manner  as  though  this  cession 
and  consent  had  never  been  made  or  granted,  except  so  far  as  such 
process  may  effect  the  real  and  personal  property  of  the  United 
States  within  the  said  ceded  territory. 

"  SEC.  2.  And  be  it  enacted,  That  the  said  lands  or  portion  thereof, 
when  conveyed  as  afpresaid  and  over  which  the  jurisdiction  is 
granted  by  this  Act,  together  with  all  personal  property  which  may 
thereafter  be  within  the  bounds  thereof,  belonging  to  the  United 
States,  or  to  any  of  the  officers  or  agents  of  the  United  States,  shall 
be  exonerated  and  discharged  from  all  taxes  and  Assessments  which 
may  be  at  any  time  imposed  by  the  authority  of  this  State,  (when) 
so  long  as  the  said  lands  or  portion  thereof  respectively  are  and  shall 
remain  the  property  of  the  United  States,  and  be  used  for  the  pur- 
poses aforesaid." 

FORT  HOWARD. 

This  reservation  contains  an  area  of  245  Acres.  It  is  situated  at 
North  Point,  in  Baltimore  County.  The  title  is  as  follows: 

1.  Decree  of  condemnation  for  said  tract  in  cause  No.  140,  The 
United  States  v.  The  Canton,  Sparrow's  Point  and  North   Point 
Railroad  Company,  in  the  District  Court  of  the  United  States  for  the 
District  of  Maryland.    Decree  rendered  July  22,  1896,  and  filed  with 
the  record  in  the  Clerk's  Office  of  said  District  Court,  also  recorded 
in  Judicial  Liber  L.  M.  B.,  No.  135,  folio  159,  of  the  records  of  the 
Circuit  Court  for  Baltimore  County. 

2.  Deed  from  the  Canton,  Sparrow's  Point  and  North  Point  Rail- 
road Company,  dated  November  25,  1896,  conveying  28.50  acres,  and 
appurtenances,  improvements,  etc.    Recorded  in  Liber  L.  M.  B.,  No. 
221,  folio  22,  etc.,  of  the  land  records  of  Baltimore  County. 

3.  Deed  from  Mary  Grace  Carroll  et  al.,  dated  October  23,  1899, 
conveying  96  acres,  2  roods  and  3  perches.    Recorded  in  Liber  N.  B. 
M.  No.  228,  folio  582  etc.,  of  same  records. 

4.  Deed  from  The  Canton,  Sparrow's  Point  and  North  Point  Rail- 
road Company,  dated  November  29,  1899,  conveying  2  acres.     Re- 
corded in  Liber  N.  B.  M.  No.  228,  folio  586  etc.,  of  same  records. 

5.  Deed  from  Elizabeth  Gunther,  administratrix  etc.,  dated  De- 
cember 21,  1899,  conveying  118  acres.     Recorded  in  Liber  N.  B.  M. 
No.  245,  folio  1,  etc.,  of  same  records. 

For  consent  to  purchase  and  condemn  and  for  jurisdiction  see 
General  Acts  of  Cession. 


MARYLAND.  161 

LAUREL    CEMETERY     ( SOLDIERS'    LOTS)  . 

These  lots  are  situated  in  Laurel  Cemetery  at  Baltimore,  in  Balti- 
more County.  The  lots  are  numbered  341  to  344  inclusive,  and  357 
to  419  inclusive,  all  in  Area  I,  containing  each  80  square  feet. 

The  title  is  as  follows: 

Deed  from  the  Laurel  Cemetery  Company,  dated  June  1,  1876, 
conveying  the  above  lots.  Recorded  in  Liber  G.  R.  No.  769,  folio  127, 
etc.,  of  the  land  records  of  Baltimore  City. 

For  jurisdiction,  see  General  Acts  of  Cession. 

LOTJDON    PARK    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  about  3.69  acres,  and  is  situated 
at  Carroll  station,  near  Baltimore,  in  Baltimore  County.  The  title  is 
as  follows: 

1.  Deed  from  London  Park  Cemetery  Company,  dated  June  5, 1874. 

2.  Deed  from  London  Park  Cemetery  Company,  dated  July  1, 1875. 

3.  Deed  from  Charles  C.  MacTavish  et  al.,  dated  May  1,  1882,  con- 
veying 0.48  acre,  and  roadbed,  etc.     Recorded  in  Liber  W.  M.  I.  No. 
126,  folio  296,  etc.,  of  the  land  records  of  Baltimore  County. 

4.  Deed  from  James  F.  Wood  et  al.,  Trustees,  dated  September  5, 
1882,  conveying  Lot  B,  No.  16,  containing  0.62  acre ;  Lot  C,  No.  42, 
containing  0.63  acre,  and  a  part  of  Lot  C,  No.  17,  containing  0.17 
acre,  with  roadbed,  etc.     Recorded  in  Liber  W.  M.  I.  No.  126,  folio 
307,  etc.,  of  same  records. 

5.  Deed  from  Daniel  J.  Foley,  Trustee,  etc.,  dated  September  9, 
1882,  conveying  Lot  D,  No.  41,  containing  0.56  acre,  and  roadbed,  etc. 
Recorded  in  Liber- W.  M.  I.  No.  126,  folio  302,  etc.,  of  same  records. 

6.  Deed  from  London  Park  Cemetery  Company,  dated  September 
20,  1883,  conveying  1  Acre  and  26f  square  perches  of  land,  with  road 
rights,  etc.     Recorded  in  Liber  W.  M.  I.  No.  128,  folio  590,  etc.,  of 
same  records. 

7.  Deed  from  the  London  Park  Cemetery  Company,  dated  May  19, 
1903,  conveying  0.07  acre.     Recorded  in  Liber  R.  O.  No.  2028,  folio 
177,  etc.,  of  the  land  records  of  Baltimore  City. 

8.  Deed  from  William  D.  Primrose  et  al.,  dated  May  19,  1903,  con- 
veying lots  therein  described.     Recorded  in  Liber  R.  O.  No.  2028. 
folio  171,  etc.,  of  same  records. 

For  jurisdiction,  see  General  Acts  of  Cession. 

FORT   McHENRY. 

This  reservation  contains  an  area  of  about  50  acres  of  land,  with 
metes  and  bounds  as  announced  in  G.  O.  No.  178,  War  Dept,  Oct.  18, 
1906.  It  is  situated  on  Whetstone  Point,  in  the  City  of  Baltimore,  in 
Baltimore  County.  The  title  is  as  follows: 

1.  Deed  from  Alexander  Furnival,  dated  July  20,  1795,  conveying 
about  7  acres  and  56  perches  of  land.     Recorded  in  Liber  W.  G.  No. 
S  S,  folio  142,  etc.,  of  the  land  records  of  Baltimore  County. 

2.  Deed  from  William  Goodman,  dated  November  6,  1798,  con- 
veying 2  acres  of  land.     Recorded  in  Liber  W.  G.  No.  56,  folio  440, 
etc.,  of  same  records. 

1G809— 10 11 


162  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

3.  Deed  from  William  Goodman,  dated  August  26,  1800,  conveying 
11  acres  3  Roods  and  25  perches  of  land.     Recorded  in  Liber  W.  G. 
No.  61,  folio  580,  etc.,  of  same  records. 

4.  Deed  from  John  O'Donnell,  dated  January  14,  1804,  conveying 
5  acres  of  land.     Recorded  in  Liber  W.  G.  No.  78,  folio  43,  etc.,  of 
same  records. 

5.  Deed  from  Thomas  B.  Dorsey  et  al.,  dated  September  10,  1836, 
conveying  Lots  60,  62,  64,  etc.     Recorded  in  Liber  T.  K.  No.  263, 
folio  194,  etc.,  of  same  records. 

6.  Deed  from  James  Bosley  and  wife,  dated  September  15,  1836, 
conveying  Lot  61,  containing  2  acres  and  2  roods  of  land.     Recorded 
in  Liber  T.  K.  No.  263,  folio  196,  etc.,  of  same  records. 

7.  Deed  from  Luke  Kiersted  and  wife,  dated  September  29,  1836, 
conveying  Lot  No.  63.     Recorded  in  Liber  T.  K.  No.  264,  folio  326, 
etc.,  of  same  records. 

8.  Deed  from  Elizabeth  Conkling  et  al.,  dated  October  8,  1836, 
conveying  Lot  63  and  part  of  "  Upton  Court."     Recorded  in  Liber 
T.  K.  No.  264,  folio  324,  etc.,  of  same  records. 

9.  Deed  from  John  Glenn  et  al.,  dated  October  25,  1837,  conveying 
3  acres  1  rood  and  29  perches  of  land.     Recorded  in  Liber  T.  K.  No. 
274,  folio  400,  etc.,  of  same  records. 

10.  Deed  from  Richard  W.  Gill,  dated  November  16,  1836,  convey- 
ing between  5  and  6  acres  of  land.     Recorded  in  Liber  T.  K.  No.  265, 
folio  189,  etc.,  of  same  records. 

The  area  of  land  conveyed  by  the  foregoing  described  deeds  includ- 
ing streets  separating  the  lots  aggregates  52.75  acres,  and  the  pur- 
chase thereof  was  authorized  by  Acts  of  Congress  approved  March  20, 
1794,  and  July  2,  1836.  By  authority  of  the  Act  of  Congress 
approved  June  19,  1878,  the  area  was  reduced  by  a  transfer  to  the 
Baltimore  Dry  Dock  Company  of  about  2.75  acres. 

Jurisdiction  over  one  part  of  this  reservation  was  ceded  to  the 
United  States  by  Resolution  No.  65  of  the  State  Legislature,  passed 
January  30,  1816,  and  by  the  proceedings  of  the  Governor  and  Coun- 
cil at  a  meeting  begun  and  held  on  February  27,  1816;  and  jurisdic- 
tion as  to  the  other  part  was  ceded  by  an  act  passed  March  29,  1838. 

The  resolution,  proceedings,  and  act  provide  as  follows : 

"Resolved,  That  the  Governor  and  Council  be,  and  they  are  hereby, 
authorized  and  requested,  in  the  recess  of  the  Legislature,  to  arrange 
with  the  General  Government  for  the  establishment  of  such  sites 
within  this  State  for  the  completion  and  establishment  of  fortifica- 
tions as  may  be  agreed  on,  and  the  jurisdiction  of  the  same  is  hereby 
relinquished  to  the  United  States."  (Resolution  No.  65,  passed  Jan- 
uary 30,  1816.) 

"  Be  it  known  that  in  pursuance  of  the  power  vested  by  said  re- 
solve in  the  Governor  and  Council,  jurisdiction  is  hereby  ceded  to  the 
United  States  of  the  following  ground  and  territory,  to  wit : 

*  *  *  "that  parcel  of  laiid  situate  in  Baltimore  County  on 
which  Fort  McHenry  is  built,  and  the  whole  of  the  premises  thereto 
adjoining,  the  legal  title  to  which  was  conveyed  to  the  LTnited  States. 

"And  the  Governor  and  Council  of  Maryland,  in  behalf  of  said 
State,  and  in  virtue  of  the  authority  conferred  by  the  resolve  afore- 
said, hereby  release  all  claim  and  right  of  jurisdiction  of  the  State  of 
Maryland  in  and  over  said  parcels  of  land  to  the  United  States  for 


MARYLAND.  163 

the  purposes  expressed  in  said  resolve."  (Extract  from  proceedings 
of  a  meeting  of  the  Governor  and  Council  begun  and  held  on  the  27th 
day  of  February,  1816.) 

"Whereas,  It  is  represented  to  the  General  Assembly  that  the 
United  States  have  purchased  certain  lots  of  ground  on  Whetstone 
Point,  near  the  city  of  Baltimore,  in  order  the  more  effectually  to 
promote  the  ends  of  the  Government  in  the  erection  of  fortifications 
at  Fort  McHenry,  which  this  Legislature  duly  appreciate :  Therefore, 

"Be  it  enacted,  etc.,  That  the  right  of  jurisdiction  of  the  State  of 
Maryland  in  and  over  the  lands  comprehended  in  lots  numbers 
thirty-four,  thirty-five,  sixty,  sixty-one,  sixty-two,  sixty-three,  sixty- 
four,  sixty-five,  sixty-six,  and  sixty-seven,  lying  and  adjoining  Fort 
McHenry,  on  Whetstone  Point,  near  the  City  of  Baltimore,  which 
have  been  purchased  by  the  United  States,  the  deeds  whereof  are 
among  the  records  of  Baltimore  County,  and  also  that  part  of  the 
main  road  leading  to  Fort  McHenry  which  lies  between  the  said  lots, 
be,  and  the  same  is  hereby,  relinquished,  ceded,  and  made  over  to  the 
United  States  for  the  purposes  aforesaid."  (Passed  March  29,  1838.) 

Revocable  Licenses:  March  9,  1906,  to  Chesapeake  and  Potomac 
Telephone  Company  for  telephone  line. 

License,  March  1,  1907,  to  the  Skinner  Shipbuilding  and  Dry  Dock 
Company  for  drainage  pipe  across  the  reservation. 

License,  July  27,  1908,  to  the  State  of  Maryland  for  extension  of 
water  supply  system  to  the  wharf  authorized  by  license  of  August 
21,  1907. 

License,  April  30,  1909,  to  the  State  of  Maryland  for  the  use  of 
the  reservation  by  the  Militia  of  that  State,  and  for  use  of  a  right 
of  way  to  the  wharf  constructed  under  license  of  August  21,  1907. 

POINT   LOOKOUT    NATIONAL   CEMETERY. 

This  reservation  contains  5.55  acres,  and  is  situated  at  Point  Look- 
out in  St.  Mary  County.  The  title  is  as  follows: 

1.  Deed  from  Logan  A.  Smith  and  wife,  dated  June  30,  1868,  con- 
veying said  land.    Recorded  in  Liber  I.  A.  C.  No.  3,  of  the  land  rec- 
ords of  St.  Mary  County. 

2.  Decree  of  condemnation  for  same  premises  in  case  of  Logan  A. 
Smith,  Petition  for  appraisement  v.  The  United  States,  in  the  Dis- 
trict  Court  of  the   United    States   for  the   District   of   Maryland. 
Decree  rendered  March  3,  1868,  and  filed  with  the  record  in  the 
Clerk's  Office  of  the  said  Court. 

For  jurisdiction,  see  General  Acts  of  Cession. 

FORT  SMALLWOOD. 

This  reservation  contains  an  area  of  about  100  acres,  with  metes 
and  bounds  are  given  in  G.  O.  No.  8,  W.  D.,  January  19, 1909.  It  is  sit- 
uated at  Rock  Point,  in  Anne  Arundel  County,  about  13  miles  from 
Baltimore.  The  title  is  as  follows: 

1.  Decree  in  condemnation  proceedings  for  said  100  acres  in  case 
wherein  the  United  States,  etc.,  were  plaintiffs,  and  certain  land 
situated  at  Rock  Point,  Maryland— Flavins  W.  Hancock,  Cassie 
Owens,  and  Oliver  S.  Owens,  Defendants,  in  the  District  Court  of 
the  United  States  for  the  District  of  Maryland.  Decree  rendered 


164  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

June  17,  1896,  and  filed  with  the  record  in  the  Clerk's  Office  of  said 
Court. 

2.  Deed  from  Flavins  W.  Hancock  et  al.,  dated  July  21,  1896,  con- 
veying the  above  100  acres.  Recorded  in  Liber  G.  W.,  No.  3,  folio  316, 
etc,,  of  the  land  records  of  Anne  Arundel  County. 

For  consent  to  purchase  or  condemn  and  for  jurisdiction  see  Gen- 
eral Acts  of  Cession. 

FORT   WASHINGTON. 

This  reservation  contains  an  area  of  334  acres  3  roods  and  11 
perches  of  land,  and  is  situated  on  the  left  bank  of  the  Potomac, 
about  14  miles  below  the  city  of  Washington,  near  the  mouth  of  Pis- 
cataway  Creek.  The  title  is  as  follows: 

1.  Deed  from  Thomas  A.  Digges,  dated  April  15,  1808,  conveying 
3  acres  and  127  perches  of  land.    Recorded  in  Liber  I..R.  M.,  No.  12, 
folio  579,  etc.,  of  the  land  records  of  Prince  George  County. 

2.  Deed  from  Thomas  A.  Digges  et  al.,  dated  August  31,  1815,  con- 
veying 5  acres  and  56  perches  of  land.    Recorded  in  Liber  T.  H.,  No. 
1,  folios  49,  etc.,  of  the  land  records  of  the  Court  of  Appeals  for  the 
Western   shore  of  Maryland    (Prince   George   County).      See   also 
Liber  I.  B.  B.,  No.  2,  folio  57,  etc.,  of  the  land  records  of  Prince 
George  County. 

3.  Deed  from  Norah  Digges,  Executrix,  etc.,  dated  May  27,  1833, 
conveying  34  acres  and  81  perches.     Recorded  in  Liber  A.  B.,  No.  8, 
folio  220,  etc.,  of  same  records. 

4.  Release  of  same  tract  by  Richard  Wallack,  Trustee,  etc.,  dated 
November  18,  1833.     Recorded  in  Liber  A.  B.,  No.  8.  folio  215.  of 
same  records. 

5.  Release  by  Nora  Digges,  in  the  case  of  "  Lessee  of  George  A. 
Digges  and  others  v.  The  United  States,  in  the  Circuit  Court  of  the 
United  States  for  the  District  of  Maryland."     Filed  in  the  Clerk's 
Office  of  said  Court  with  the  record  in  said  cause  November  14,  1848. 

6.  Deed  from  John  Ketland,  dated  January -28,  1871,  conveying 
about  2  acres  acquired  for  cemetery.     Recorded  in  Liber  H.  B.  No.  4, 
folio  351,  et  seq.,  of  same  records. 

7.  Deed  from  Joseph  K.  Roberts,  Jr.,  Trustee,  etc.,  dated  January 
19,  1875,  conveying  289  acres  and  27  perches  of  land.     Recorded  in 
Liber  H.  B.,  No.  10,  folio  21,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  April  11, 1874,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enatced,  etc.,  That  the  jurisdiction  and  control 
over  the  residue  of  the  lands  owned  by  the  United  States,  and  consti- 
tuting the  site  of  Fort  Washington,  in  the  county  of  Prince  George, 
and  the  jurisdiction  and  control  over  the  lands  hereinafter  described 
or  any  portion  thereof,  in  said  county,  that  may  be  hereafter  conveyed 
by  deed  duly  executed,  acknowledged,  and  recorded  to  the  United 
States,  and  the  water,  \vater  rights,  and  all  other  rights  appertaining 
thereto,  be  and  the  same  is  hereby  ceded  and  vested  in  the  United 
States  of  America  for  Military  and  Naval  purposes;  the  said  cession, 
as  to  said  land  that  may  hereafter  be  conveyed,  to  take  effect  when- 
ever the  same  shall  be  so  conveyed ;  beginning  for  the  said  lands  to 
be  hereafter  conveyed  *  *  *  the  same  comprising  the  two  parcels 
of  ground,  parts  of  Warburton  Manor,  and  mentioned  and  conveyed 
in  a  deed  from  John  Johnson  and  Thomas  S,  Alexander,  trustees,  to 


MASSACHUSETTS.  165 

William  Kerly;  recorded  among  the  land  records  of  Prince  George 
county,  liber  J.  B.  B.,  No.  4,  folio,  eight  hundred  and  six,  &c. ;  pro- 
vided, always,  that  this  cession  and  jurisdiction  are  granted  upon  the 
express  condition  that  this  State  shall  retain  a  concurrent  jurisdiction 
with  the  United  States  in  and  on  the  said  ceded  lands  and  territory, 
so  far  as  that  all  civil  and  such  criminal  process  as  may  issue  under 
the  authorit}^  of  this  State,  against  any  person  or  persons  charged 
with  crimes  committed  without  said  lands  and  ceded  territory,  may 
be  executed  therein,  in  the  same  way  and  manner  as  though  this  ces- 
sion and  consent  had  never  been  made  and  granted,  except  so  far  as 
such  process  may  effect  the  real  and  personal  property  of  the  United 
States  within  the  said  ceded  territory. 

"  SEC.  2.  Be  it  enacted,  That  the  said  lands  over  which  the  juris- 
diction is  granted  by  this  act,  together  with  all  personal  property 
which  may  thereafter  be  within  the  bounds  thereof,  belonging  to  the 
United  States,  or  to  any  of  the  officers  or  agents  of  the  United  States, 
shall  be  exonerated  and  discharged  from  all  taxes  and  assessments 
which  may  be  at  any  time  imposed  by  the  authority  of  this  State, 
when  and  so  long  as  the  said  lands  or  portion  thereof,  respectively, 
are  and  shall  remain  the  property  of  the  United  States,  and  be  used 
for  the  purpose  aforesaid." 

Revocable  Licenses:  License,  June  19,  1880,  to  the  Treasury  De-< 
partment  to  store  buoys  and  sinkers  on  the  reservation  and  to  use 
the  wharf  in  shipping  same  from  time  to  time. 

License,  November  8,  1882,  to  the  light  keeper  to  occupy  vacant 
building  at  the  post. 

License,  March  27,  1885,  to  the  U.  S.  Fish  Commission  to  erect  a 
small  building  near  the  edge  of  the  wharf. 

MASSACHUSETTS. 

For  a  list  of  places  over  which  the  Commonwealth  of  Massachu- 
setts has  ceded  jurisdiction  to  the  United  States,  see  Revised  Laws  of 
Massachusetts,  1902,  Vol.  1,  Ch.  1,  sec.  5. 

FORT   ANDREW. 

This  reservation  contains  an  area  of  about  G  acres  and  134J  rods, 
including  the  small  tract  used  by  the  Light-House  Board.  It  is  situ- 
ated on  Gurnet  Point,  on  the  north  side  of  the  entrance  to  Plymouth 
Harbor,  near  the  Town  of  Plymouth,  in  Plymouth  County. 

The  custody  of  the  reservation  was  temporarily  relinquished  to 
the  Treasury  Department  for  light  house  and  life-saving  purposes, 
March  25, 1885,  ( accepted  September  8,1885).  The  title  is  as  follows : 

1.  Deed  from  Hannah  Thomas  and  husband,  dated  November  10, 
1802,  conveying  1  acre  and  G^  rods  (Light-House  Land).     Recorded 
among  the  records  of  deeds  for  Plymouth  County,  at  Plymouth, 
November  18,  1802. 

2.  Deed  from  Leander  Lovell  and  wife,  dated  June  7,  1870,  con- 
veying 5.2  acres  (Fort  Land).     Recorded  in  Book  3G5, pages  247, etc., 
of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  June  23,  1869,  as  amended  by  an  act  approved 
June  22,  1870.  These  acts  provide  as  follows: 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over 
the  site  of  Fort  Standish,  on  the  Saquish  Neck,  and  over  the  site  of 


166  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

Fort  Andrew,  on  the  Gurnet  Point  (both  sites  lying  to  the  northward 
and  eastward  and  near  the  entrance  of  the  harbor  of  Plymouth) ,  for 
the  purpose  of  building  and  maintaining  thereon  such  forts,  arsenals, 
wharves,  or  other  structures,  with  their  appendages,  as  may  be  neces- 
sary for  the  public  service  and  as  may  be  purchased  for  such  use  by 
the  United  States;  and  the  jurisdiction  is  also  ceded  over  all  the 
shores,  flats  and  waters  contiguous  to  those  sites,  and  within  four 
hundred  yards  from  low- water  mark,  and  all  right,  title  and  claim 
which  the  Commonwealth  may  have  to  or  in  the  premises  aforesaid, 
is  hereby  granted  to  the  United  States:  Provided,  that  this  Com- 
monwealth shall  retain  a  concurrent  jurisdiction  with  the  United 
States  in  and  over  all  the  premises  aforesaid,  as  far  as  that  all  civil 
processes  and  such  criminal  processes  against  any  person  or  persons 
charged  with  crimes  committed  without  the  premises  aforesaid  as 
may  issue  under  the  authority  of  this  Commonwealth  may  be  exe- 
cuted on  said  premises  and  in  any  building  or  structure  erected  or  to 
be  erected  thereon,  in  the  same  way  and  manner  and  with  the  same 
effect  as  if  jurisdiction  had  not  been  ceded  as  aforesaid. 

"  SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this 
act,  and  all  structures  and  other  property  thereon,  shall  be  exoner- 
ated from  all  taxes  and  assessments  which  may  be  imposed  under  the 
authority  of  this  Commonwealth,  while  said  premises  shall  remain 
the  property  of  the  United  States,  and  shall  be  used  for  the  purposes 
intended  by  this  act."  (Approved,  June  23,  1869.) 

The  act  approved  June  22,  1870,  amends  section  3  of  this  act  so  as 
to  provide  that  the  plans  of  the  sites  of  said  forts  shall  be  deposited 
with  the  Secretary  of  the  Commonwealth  within  six  months  after 
the  United  States  has  acquired  title  by  deed. 

Revocable  Licenses:  The  Secretary  of  War,  in  compliance  with 
request  of  the  Secretary  of  the  Treasury,  under  date  of  April  2G, 
1884,  authorized  the  construction  by  the  Keeper  of  the  Life  Saving 
Station,  of  a  small  dwelling,  upon  the  condition  that  it  be  removed 
whenever  the  War  Department  should  so  direct,  or  when  the  keeper 
should  cease  to  be  in  the  employ  of  the  Government.  Under  date 
of  June  26,  1884,  a  parcel  of  land  50  feet  square  in  the  southwest 
corner  of  the  Light-house  Keeper's  Lot  was  definitely  selected  as  the 
site  for  the  above  dwelling. 

Upon  the  abandonment  of  the  post,  permission  was  granted  by  the 
Secretary  of  War,  under  date  of  September  23,  1884,  to  the  Keeper  of 
the  Life  Saving  Station  to  occupy  the  quarters  of  the  Ordnance 
Sergeant. 

FORT   ANDREWS. 

This  reservation  comprises  the  northerly  end  of  Peddocks  Island 
(area  about  88  acres),  Lots  105  and  106  on  Strawberry  Hill  (area 
about  0.92  acre) ,  a  tract  on  Point  Allerton  (area  about  1.62  acres) ,  and 
a  tract  at  Allerton  Station  (area  about  0.14  acre)  ;  all  in  the  town  of 
Hull,  Massachusetts.  Total  area :  about  90.68  acres.  The  title  is  as 
follows : 

1.  Quit-Claim  Deed  from  Eliza  J.  H.  Andrew,  dated  February  18, 
1897,  conveying  part  of  the  above  tract. 


MASSACHUSETTS.  167 

2.  Warranty  Deed  from  Eliza  J.  H.  Andrew,  dated  February  12, 
1898,  conveying  same  tract.     Recorded  in  Book  756,  page  149,  of  the 
records  of  Plymouth  County. 

3.  Deed  from  Edith  Andrew,  individually  and  as  trustee,  dated 
February  8,  1904,  conveying  65.227  acres.     Recorded  in  Book  891, 
pages  67  to  69,  of  same  records. 

4.  Deed  from  Edith  Andrew,  individually  and  as  trustee,  Decem- 
ber 10,  1904,  conveying  "  in  fee  simple  the  right  to  construct  and 
maintain  a  water  main  "  leading  from  the  reservation  to  the  sea,  "  at 
a  point  opposite  Nut  Island  ".     Recorded  in  Book  909,  page  167,  of 
same  records. 

5.  License  from  Board  of  Harbor  and  Land  Commissioners  of  the 
Commonwealth  of  Massachusetts  to  the  United  States,  Oct.  5,  1904, 
to  lay  a  six-inch  water  pipe  in  Boston  Harbor  from  Nut  Island  to 
Peddocks  Island.     Recorded  in  Norfolk  County  Deed  Records,  vol- 
ume 995,  page  377,  and  in  Plymouth  County  Deed  Records,  Book 
915,  pages  88-89. 

6.  Decree  of  United  States  District  Court,  June  28,  1906,  and  deed 
from  Emery  W.  Clark  and  wife,  dated  July  17,  1906,  conveying  land 
on  Point  Allerton  (about  70,600  sq.  ft.,  more  or  less,  of  which  18,300 
sq.  ft.  are  upland  westerly  of  the  crest  of  the  bluff),  for  a  site  for 
range-finder  station.     Recorded  in  Book  953,  pages  258   and  261, 
et  seq.,  same  records.     See  G.  O.  No.  173,  War  Department,  October 
12,  1906. 

7.  Decree  in  condemnation,  rendered  -       — ,  covering  Lot  No.  105 
on  Strawberry  Hill,  Hull,  Massachusetts. 

8.  Deed  from  Eben  D.  Jordan,  et  al.,  trustees,  dated  July  25,  1906, 
conveying  Lot  106  on  Strawberry  Hill,  Hull,  Massachusetts,  contain- 
ing 19,146  square  feet;  recorded  in  Book  959,  page  166,  of  same 
records. 

9.  Deed  from  same  parties,  dated  July  25,  1906,  conveying  ease- 
ment for  cable  from  Lot  106,  in  and  over  certain  streets,  etc.,  to 
Hull  Bay;  recorded  in  Book  959,  page  167,  of  same  records. 

10.  Deed  from  John  J.  Moore,  et  al.,  dated  September  11,  1906, 
conveying  Lot  at  Allerton   Station,  containing  6,000  square  feet; 
recorded  in  Book  959,  page  169,  of  same  records. 

Jurisdiction  ceded  by  Acts  of  the  General  Court  of  the  Common- 
wealth of  April  6,  1897  (Acts  and  Resolves  of  1897,  Chapter  240), 
and  of  April  2,  1901  (Acts  and  Resolves  of  1901,  Chapter  232),  and 
of  June  21,  1906  (Acts  and  Resolves  of  1906,  Chapter  511),  provid- 
ing, respectively,  as  follows: 

"  SECTION  1.  The  consent  of  the  Commonwealth  of  Massachusetts 
is  hereby  granted  to  the  United  States  of  America  to  purchase  a  por- 
tion of  the  northerly  end  of  Peddock's  Island  in  Boston  Harbor,  the 
same  to  be  used  for  the  purpose  of  national  defence. 

"  SEC.  2.  Jurisdiction  over  the  area  so  purchased  is  hereby  granted 
and  ceded  to  the  United  States:  provided,  (and  the  cession  and  con- 
sent aforesaid  are  granted  upon  the  express  condition),  that  the 
Commonwealth  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  in  and  over  the  part  of  the  island  so  purchased,  so  far  as  that 
all  civil  processes  and  such  criminal  processes  as  may  issue  under  the 
authority  of  this  Commonwealth  against  any  person  or  persons 
charged  with  the  crimes  committed  without  the  said  tracts  of  land 


168  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

may  be  executed  therein  in  the  same  way  and  manner  as  though  this 
consent  and  cession  had  not  been  made  and  granted. 

"  SEC.  3.  The  United  States  government  is  hereby  authorized  to 
occupy  and  fill  such  flats  belonging  to  the  Commonwealth,  and  to 
place  such  structures  in  or  over  the  tide  water  adjacent  to  the  area 
herein  authorized  to  be  purchased  as  may  be  necessary  for  the  pur- 
pose for  which  the  premises  over  which  jurisdiction  is  ceded  in  sec- 
tion one  are  to  be  used,  upon  such  terms  and  conditions  as  shall  be 
prescribed  by  the  harbor  and  land  commissioners. 

"  SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of 
the  premises  purchased  by  the  United  States  under  the  provisions  of 
this  act  be  deposited  in  the  office  of  the  secretary  of  the  Common- 
wealth within  one  year  from  the  passage  of  this  Act." 
(Act  of  April  6,  1897). 

"  SECTION  1.  The  consent  of  the  Commonwealth  of  Massachusetts 
is  hereby  granted  to  the  acquisition  by  the  United  States  of  America, 
by  purchase  or  condemnation,  for  the  purpose  of  national  defence,  of 
eighty  acres  of  land,  or  so  much  thereof  as  the  secretary  of  war  of  the 
United  States  may  deem  necessary,  on  Paddock's  island  in  Boston 
harbor,  adjoining  the  present  United  States  military  reservation  on 
said  island.  Jurisdiction  over  the  area  so  acquired  is  hereby  granted 
and  ceded  to  the  United  States :  Pro  vided,  always,  that  the  Common- 
wealth shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  land  so  acquired,  so  far  as  that  all  civil  processes  and 
such  criminal  processes  as  may  issue  under  the  authority  of  the  Com- 
monwealth against  any  person  or  persons  charged  with  crimes  com- 
mitted without  the  area  so  acquired  may  be  executed  therein  in  the 
same  manner  as  though  this  cession  had  not  been  granted ;  and  Pro- 
vided, further,  that  whenever  such  land  ceases  to  be  used  by  the 
United  States  for  the  purposes  for  which  it  is  acquired  the  exclusive 
jurisdiction  over  it  shall  revert  to  and  revest  in  the  Commonwealth. 

"  SEC.  2.  The  United  States  government  is  hereby  authorized,  upon 
such  terms  and  conditions  as  shall  be  prescribed  by  the  board  of 
harbor  and  land  commissioners,  to  occupy  and  fill  such  flats  belong- 
ing to  the  Commonwealth,  and  to  place  such  structures  in  or  over 
the  tide  water  adjacent  to  the  area  herein  authorized  to  be  acquired 
as  may  be  necessary  for  the  purposes  .for  which  said  area  is  to  be  used. 

"  SEC.  3.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of 
the  premises  acquired  by  the  United  States  under  the  provisions  of 
this  act  shall  be  deposited  in  the  office  of  the  secretary  of  the  Com- 
monwealth within  six  months  from  the  date  of  such  acquisition." 
(Act  of  April  2,  1901). 

Under  date  of  October  16,  1905,  the  Commanding  Officer,  Artillery 
District,  Fort  Banks,  Massachusetts,  reported  that  the  required  plans 
"  have  been  properly  filed  and  officially  accepted  by  the  Secretary  of 
the  Commonwealth." 

"  SECTION  1.  The  consent  of  the  Commonwealth  of  Massachusetts  is 
hereby  granted  to  the  United  States  of  America  to  purchase  four 
parcels  of  land  in  the  town  of  Hull,  for  purposes  of  national  defence, 
as  follows: 

"  Parcel  one :  comprising  lots  one  hundred  and  five  and  one  hundred 
and  six,  as  shown  on  a  plan  entitled  "  Plan  of  Lots  owned  by  the 
Nantasket  Co.  on  Strawberry  Hill  at  Nantasket  Beach,  by  C.  H. 
Paine,  Surveyor,  dated  June,  1883,  and  recorded  in  Plymouth  Reg- 


MASSACHUSETTS.  169 

istry  of  Deeds  in  Plan  Book  1,  page  98  ",  and  the  back  lots  adjoining 
the  same,  on  the  east,  on  "  Strawberry  Hill  ",  comprising  an  area  of 
forty  thousand  and  one  hundred  and  seven  square  feet ; 

"  Parcel  two :  lots  twenty-four  and  twenty-five  at  Point  Allerton, 
as  shown  on  a  plan  entitled  "  Land  at  Point  Allerton,  Hull,  Mass., 
by  Frederic  M.  Hersey,  engineer,  dated  January  13,  1906 ",  area 
about  seventy  thousand  six  hundred  square  feet ; 

"  Parcel  three :  near  Point  Allerton  railroad  station  on  the  south- 
westerly side  of  Old  County  road,  fronting  thirty  feet  thereon  and 
extending  back  at  right  angles  thereto  and  of  the  same  width  to  mean 
low  water  of  Hull  bay;  the  northerly  corner  being  at  the  junction  of 
the  southerly  property  line  of  the  Hull  and  Nantasket  Beach  railroad 
with  the  southwesterly  line  of  said  Old  County  road ;  area  about  six 
thousand  square  feet; 

"  Parcel  four  is  twelve  feet  square  and  lies  between  Spring  street 
and  Hull  bay,  the  northerly  side  of  the  same  being  the  face  of  the 
sea  wall,  and  the  northeasterly  corner  being  two  hundred  and  twenty- 
eight  feet  westerly  of  the  angle  in  said  wall. 

"  SECTION  2.  Jurisdiction  over  the  land  so  purchased  is  hereby 
granted  and  ceded  to  the  United  States:  provided,  (and  the  cession 
and  consent  aforesaid  are  granted  upon  the  express  condition),  that 
the  Commonwealth  shall  retain  a  concurrent  jurisdiction  with  the 
United  States  in  and  over  the  land  so  purchased,  so  far  as  that  all 
civil  processes  and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  Commonwealth  against  any  person  or  persons 
charged  with  crimes  committed  without  the  said  tracts  of  land 
may  be  executed  therein  in  the  same  manner  as  though  this  cession 
had  not  been  granted. 

"  SECTION  3.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of 
the  premises  purchased  by  the  United  States  under  the  provisions  of 
this  act  shall  bo  deposited  in  the  office  of  the  secretary  of  the  Com- 
monwealth within  one  year  from  the  passage  of  this  act."  (Approved 
June  21,  1906.) 

FORT    BANKS. 

This  reservation  is  situated  in  the  Town  of  Winthrpp,  adjoining 
Boston,  in  Suffolk  County.  It  contains  33.242  acres,  with  metes  and 
bounds  as  given  in  G.  O.  12,  W.  D.,  January  15,  1908,  except  that 
said  Order  includes  a  25-foot  strip  (area:  0.344  acre)  deeded  to  the 
Town  of  Winthrop  for  a  public  roadway,  March  28,  1904,  under  Act 
of  Congress,  approved  March  15,  1904.  The  title  is  as  follows: 

1.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  part  of  Block  "  Y,"  containing 
143,455  square  feet  of  land.    Recorded  in  libro  2001,  page  177,  of  the 
deed  records  of  Suffolk  County. 

2.  Deed  from  Elizabeth  L.  McCloud  and  husband,  dated  December 
29,  1890,  conveying  106,027|  square  feet  of  land  described  by  metes 
and  bounds.    Recorded  in  libro  2000,  page  635,  of  same  records. 

3.  Deed  from  Elizabeth  L.  McCloud  and  husband,  dated  December 
29,  1890,  conveying  43,744  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2000,  page  636,  of  same  records. 

4.  Quit-Claim  Deed  from  Lucretia  Floyd  et  al.,  dated  January  1, 
1891,  conveying  144,824  square  feet  of  land  described  by  metes  and 
bounds ;  also  all  title,  etc.,  in  a  private  way  called  "  Elm  Avenue," 


170  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

less  7,500  square  feet  heretofore  conveyed  away,  making  in  this  con- 
veyance 137,324  square  feet  and  right  of  way.  Recorded  in  libro 
2000,  page  619,  of  same  records. 

5.  Deed  from  Phillips  P.  Floyd  and  wife,  dated  January  1,  1891, 
conveying  181,540  square  feet  of  land  by  metes  and  bounds.     Re- 
corded in  libro  2000,  page  621,  of  same  records. 

6.  Deed  from  Sumner  Floyd  and  wife,  dated  January  1,  1891,  con- 
veying 12,000  square  feet  of  land  by  metes  and  bounds.    Recorded  in 
libro  2000,  page  623,  of  same  records.  * 

7.  Deed  from  Henry  E.  Mills,  dated  January  1,  1891,  conveying 
two  tracts  containing  18,515  square  feet  of  land  described  by  metes 
and  bounds.    Recorded  in  libro  2000,  page  637,  of  same  records. 

8.  Quit-Claim  Deed  from  Samuel  G.  Irwin  and  wife,  dated  Janu- 
ary 3,  1891,  conveying  three-fourths  of  Lot  No.  4,  containing  90,926 
square  feet  of  land.     Recorded  in  libro  2000,   page  632,  of  same 
records. 

9.  Deed  from  Louisa  E.  McArthur  and  husband,  dated  January  10, 
1891,  conveying  a  part  of  Lot  D,  containing  4,037^  square  feet  of 
land..    Recorded  in  libro  2002,  page  554,  of  same  records. 

10.  Quit-Claim  Deed  from  John  L.  Tewksbury  and  wife,  dated 
January  10,  1891,  conveying  Lots  13  and  24  and  20  feet  of  Lot  14, 
aggregating  9,593  square  feet  of  land.     Recorded  in  libro  2001,  page 
2,  of  same  records. 

11.  Quit-Claim  Deed   from  William   B.    Floyd   and   wife,   dated 
January  12,  1891,  conveying  twro  parcels  of  land  aggregating  75,327 
square  feet  of  land  described  by  metes  and  bounds.     Recorded  in 
libro  2000,  page  627,  of  same  records. 

12.  Quit-Claim  Deed  from  William  B.  Floyd  et  al.,  dated  January 
12,  1891,  conveying  18,100  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2000,  page  625,  of  same  records. 

13.  Quit-Claim  Deed  from  Perez  M.  Hay  den  and  wife,  dated  Janu- 
ary 12,  1891,  conveying  parts  of  Lots  14  and  15,  containing  3,996 
square  feet  of  land  and  described  by  metes  and  bounds.     Recorded  in 
libro  2000,  page  631,  of  same  records. 

14.  Quit-Claim  Deed  from  Lorenzo  C.  Tewksbury  and  \vife,  dated 
January  12,  1891,  conveying  20,217  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  2001,  page  4,  of  same  records. 

15.  Quit-Claim   Deed   from   William  G.   Grant   and   wife,   dated 
January  13,  1891,  conveying  Lot  23,  containing  4,505  square  feet  of 
land.     Recorded  in  libro  2000,  page  630,  of  same  records. 

16.  Quit-Claim  Deed  from  The  Boston,  Winthrop  and  Shore  Rail- 
road Company,  dated  January  16,  1891,  conveying  3,742  square  feet 
of  land  by  metes  and  bounds.     Recorded  in  libro  2073,  page  362,  of 
same  records. 

17.  Quit-Claim  Deed  from  Benjamin  D.  Chapman  and  wife,  dated 
January  22,  1891,  conveying  13,095  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  2073,  page  359,  of  same  records. 

18.  Quit-Claim  Deed  from  William  R.  Conner  and  wife,  dated 
March  21, 1891,  conveying  3,025  square  feet  of  land  and  all  interest  in 
Elm  Avenue,  and  a  strip  containing  275  square  feet  of  land,  all  de- 
scribed by  metes  and  bounds.     Recorded  in  libro  2000,  page  617,  of 
same  records. 

19.  Deed  from  David  H.  Blaney,  dated  March  24,  1891,  convecying 
192,031  square  feet,  in  two  tracts,  by  metes  and  bounds;  also  right  of 


MASSACHUSETTS.  171 

way  from  Beach  Street,  25  feet  in  width;  in  all,  193,937  square  feet 
of  land.     Kecorded  in  libro  2000,  page  614,  of  same  records. 

20.  Deed  from  David  H.  Blaney,  dated  March  24,  1891,  conveying 
66,574  square  feet  of  upland  and  9,990  square  feet  of  marsh;  total, 
76,564  square  feet,  described  by  metes  and  bounds.     Recorded  in  libro 

2000,  page  616,  of  same  records. 

21.  Quit-Claim  Deed   from  George  C.   Stanley  and  wife,  dated 
March  26,  1891,  conveying  4,475  square  feet  of  land;  all  interest,  etc., 
in  Elm  Avenue  and  a  strip  adjoining  said  Avenue  containing  651,455 
square  feet,  all  described  by  metes  and  bounds.     Recorded  in  libro 

2001,  page  1,  of  same  records. 

22.  Deed  from  Ella  F.  Wendall  and  husband,  dated  March  27, 
1891,  conveying  16,493  square  feet  of  land  by  metes  and  bounds.     Re- 
corded in  libro  2001,  page  5,  of  same  records. 

23.  Quit-Claim  Deed  from  Thomas  Floyd  and  wife,  dated  March 
27,  1891,  conveying  82,718  square  feet  of  land,  in  two  tracts,  by  metes 
and  bounds.     Recorded  in  libro  2000,  page  628,  of  same  records. 

24.  Deed  from  Harry  England  and  wife,  dated  March  30,  1891, 
conveying  14,845  square  feet  of  land  by  metes  and  bounds.     Recorded 
in  libro  2001,  page  298,  of  same  records. 

25.  Quit-Claim  Deed  from  John  Macdonald  and  wife,  dated  April 
9,  1891,  conveying  14,800  square  feet  of  land  by  metes  and  bounds, 
with  right  of  way,  etc.     Recorded  in  libro  2000,  page  634,  of  same 
records. 

26.  Quit-Claim   Deed   from   William   B.   Floyd   and  wife,  dated 
April  10,  1891,  conveying  24,055  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  2000,  page  626,  of  same  records. 

27.  Q;uit-Claim   Deed   from  James  McLauchlin   and   wife,  dated 
October  26,  1891,  conveying  4,717  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  2073,  page  355,  of  same  records. 

28.  Quit  Claim  Deed  from  Hamilton  R.  Douglass  and  wife,  dated 
October  26,  1891,  conveying  4,611  square  feet  of  land  by  metes  and 
bounds.     Recorded  in  libro  2073,  page  354,  of  same  records. 

29.  Quit-Claim  Deed  from  Lucretia  Floyd  et  al.,  dated  November 
24,  1891,  conveying  "  Elm  Avenue."     Recorded  in  libro  2152,  page 
281,  of  same  records. 

30.  Quit-Claim  Deed  from  David  H.  Blaney,  dated  December  8, 
1891,  conveying  25,422  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2073,  page  360,  of  same  records. 

31.  Quit-Claim  Deed  from  Thomas  Floyd  and  wife,  dated  January 
21,  1892,  conveying  7,100  square  feet  of  land.     Recorded  in  libro  2073, 
page  358,  of  same  records. 

32.  Quit-Claim  Deed  from  Lorenzo  C.  Tewksbury  and  wife,  dated 
May  23,  1893,  conveying  Lots  E  and  F,  of  the  Estate  of  Thomas 
Floyd,  containing  75,886  square  feet  of  land  by  metes  and  bounds. 
Recorded  in  libro  2146,  page  153,  of  same  records. 

33.  Quit-Claim  Deed  from  William  B.  Floyd  and  wife,  dated  May 
23,  1893,  conveying  Elm  Avenue  on  certain  conditions,  etc.     Recorded 
in  libro  2152,  page  283,  of  same  records. 

34'.  Quit-Claim  Deed  from  Hermon  B.  Tewksbury  and  wife,  dated 
July  21,  1893,  conveying  all  interest  in  Cherry  Street,  etc.  Recorded 
in  libro  2152,  page  284,  of  same  records. 

35.  Quit-Claim  Deed  from  Phillips  P.  Floyd  and  wife,  dated 
January  19,  1894,  conveying  all  title  and  interest  in  Grover's  Cliff 


172  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

and  particularly  Elm  Avenue.     Recorded  in  libro  2180,  page  527,  of 
same  records. 

36.  Decree  of  Condemnation  for  two  tracts  including  portions  of 
Cherry  street  and  Elm  avenue,  for  which  see  No.  26  under  head  of 
Fort  Heath,  infra. 

37.  Kelease  by  Lydia  S.  Floyd,  et  al.,  dated  July  8,  1904,  of  their 
rights  to  Elm  avenue,  within  limits  of  the  reservation.     Recorded  in 
Book  3141,  page  319,  of  same  records. 

This  release  and  certain  prior  ones  were  made  with  the  understand- 
ing, embodied  as  a  condition  in  one  of  them  (No.  33,  ante),  that  the 
United  States  would  open  a  right  of  way  connecting  Winthrop  street 
with  that  portion  of  Elm  avenue  not  released.  This  was  done  by 
deed  from  the  Secretary  of  War  to  the  town  of  Winthrop,  dated 
March  28,  1904,  under  authority  of  Act  of  Congress,  approved 
March  15,  1904. 

The  foregoing  lands  were  acquired  pursuant  to  the  Acts  of  Con- 
gress approved  August  1,  1888,  and  August  18,  1890. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  Gen- 
eral Court  of  the  Commonwealth  of  Massachusetts,  approved  March 
16,  1891,  which  provides  as  follows: 

"  SECTION  1.  The  consent  of  this  Commonwealth  is  hereby  granted 
to  the  United  States  of  America  to  purchase  two  tracts  of  land  in  the 
town  of  Winthrop,  as  will  be  described  in  the  plans  provided  for  in 
section  three  of  this  act  with  the  buildings  thereon  purchased  or  to  be 
purchased  by  the  United  States,  for  the  purposes  of  national  defence, 

"  SEC.  2.  Jurisdiction  over  the  said-  tracts  is  hereby  granted  and 
ceded  to  the  United  States;  provided,  always,  and  the  cessions  and 
consent  aforesaid  are  granted  upon  the  express  condition  that  this 
Commonwealth  shall  retain  a  concurrent  jurisdiction  with  the  United 
States  in  and  over  the  said  tracts  of  land  aforesaid,  so  far  as  that 
all  civil  processes  and  such  criminal  processes  as  may  issue  under  the 
authority  of  this  Commonwealth  against  any  person  or  persons 
charged  with  crimes  committed  without  the  said  tracts  of  land  may 
be  executed  therein  in  the  same  way  and  manner  as  though  this  con- 
sent and  cession  had  not  been  made  and  granted. 

"  SEC.  3.  This  act  shall  be  void  unless  suitable  plans  of  the  prem- 
ises, or  such  portion  or  portions  thereof  as  may  be  purchased  by  the 
United  States,  be  deposited  in  the  office  of  the  Secretary  of  this  Com- 
monwealth within  one  year  from  the  passage  of  this  act." 

(Plan  filed  in  the  office  of  the  Secretary  of  the  Commonwealth  of 
Massachusetts  February  18,  1892,  by  S.  M.  Mansfield,  Lieutenant- 
Colonel,  Engineers,  United  States  Army.) 


This  property  was  acquired  for  a  wjiarf  site,  etc.,  for  Fort  Banks 
and  Fort  Heath,  and  is  situated  at  "  Great  Head  ",  in  the  Town  of 
Winthrop,  about  one  mile  southeasterly  from  Fort  Banks,  and  about 
one  and  one-fourth  miles  southerly  from  Fort  Heath.  The  title  is  as 
follows : 

1.  Transfer  Certificate  of  Title,  dated  December  13,  1904,  reg- 
istered in  Book  3,  page  136,  No.  736,  that  the  United  States  "  is  the 
owner  in  fee  simple  "  of  the  parcels  of  upland  and  flats,  described 
therein,  known  as  the  "  Rice  Wharf,"  located  at  Winthrop,  Mass. 


MASSACHUSETTS.  173 

2.  Deed  from  Joshua  T.  Nowell  and  wife,  dated  May  15,  1907,  con- 
veying Lot  No.  39,  adjoining  the  premises  acquired  by  above  transfer 
certificate  of  title.  Recorded  in  Book  3220,  page  176  of  Deed  Records 
of  Suffolk  County.  Said  premises  are  also  covered  by  Decree  of 
Condemnation,  United  States  District  Court,  District  of  Massachu- 
setts, dated  June  7,  1907. 

BEVERLY    GUN    HOUSE. 

This  property  contains  an  area  of  2,250  square  feet,  and  is  situated 
in  the  Town  of  Beverly,  in  Essex  County.  The  title  is  as  follows : 

Deed  from  the  Town  of  Beverly  to  the  United  States,  dated  May 
17,  1809,  conveying  the  above  tract,  together  with  right  of  way,  etc. 

Concurrent  jurisdiction  is  reserved  to  the  Commonwealth  of  Massa- 
chusetts. 

DEER    ISLAND. 

This  reservation  comprises  two  tracts  of  land  on  Deer  Island, 
in  Boston  Harbor,  Massachusetts,  containing  together  about  100  acres 
above  mean  low  water  mark.  It  was  acquired,  for  fortification  pur- 
poses, pursuant  to  act  of  Congress  approved  June  25,  1906  (34  Stat. 
L.,  457),  by  quitclaim  deed  from  the  city  of  Boston,  dated  October 
15,  1906,  recorded  with  Suffolk  Deeds  in  libro  3177,  page  577. 

Consent  to  the  purchase  given,  and  jurisdiction  ceded  over  the 
premises  above  described,  including  jurisdiction  over  two  strips  of 
land  separating  said  tracts  and  lying  within  the  interior  boundaries 
thereof;  which  strips  were  taken  by  the  Board  of  Metropolitan 
Sewerage  Commissioners,  April  2,  1890,  under  authority  of  an  Act 
of  the  General  Court  of  the  Commonwealth  of  Massachusetts,  ap- 
proved March  6,  1907  (Chap.  172,  Acts  of  1907),  subject  to  the  pro- 
viso that: 

"  The  cession  and  consent  aforesaid  are  given  upon  the  express  con- 
dition that  the  Commonwealth  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  lands  so  purchased,  as  well 
as  in  and  over  the  aforesaid  two  strips  of  land  lying  within  the  tract 
described  in  section  one,  so  far  as  that  all  civil  processes  and  such 
criminal  processes  as  may  issue  under  authority  of  the  Common- 
wealth against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land,  including  also  the  two  strips  of  land 
aforesaid,  may  be  executed  thereon,  in  the  same  manner  as  though 
this  cession  and  consent  had  not  been  granted." 

Sections  3,  4,  and  5  of  said  Act  provide  as  follows : 

"  SECTION  3.  The  United  States  Government  is  hereby  authorized, 
upon  such  terms  and  conditions  as  may  be  prescribed  by  the  harbor 
and  land  commissioners,  to  occupy  and  fill  such  flats  belonging  to 
the  Commonwealth,  and  to  place  such  structures  in  or  over  the  tide 
water  adjacent  to  the  area  herein  authorized  to  be  purchased  as  may 
be  necessary  for  the  purposes  for  which  said  area  is  to  be  used. 

"  SECTION  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans 
of  the  premises  purchased  by  the  United  States  under  the  provisions 
of  this  act  shall  be  deposited  in  the  office  of  the  Secretary  of  the 
Commonwealth  within  one  year  after  its  passage. 

"  SECTION  5.  Nothing  contained  herein  shall  abridge  or  affect  the 
right  and  title  of  the  Commonwealth  in  and  to  the  two  strips  of 


174  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

land  included  in  the  tract  described  in  section  one,  and  acquired 
under  the  taking  aforesaid  by  the  board  of  metropolitan  sewerage 
commissioners,  the  said  two  strips  being  the  fifth  and  sixth  parcels 
described  in  said  taking." 

A  plan  of  the  premises  purchased  by  the  United  States  was  filed 
with  the  Secretary  of  the  Commonwealth,  March  8,  1907,  in  compli- 
ance with  the  requirements  of  section  four  of  said  Act. 


GLOUCESTER    GUN    HOUSE. 

This  reservation  contains  2,800  square  feet  of  ground,  and  is  situ- 
ated at  Gloucester,  in  Essex  County.  The  title  is  as  f olows : 

Deed  from  Wiliam  Pearce  and  wife,  dated  October  15,  1808,  con- 
veying the  above  tract.  Recorded  in  Book  187,  Leaf  214,  of  the  deed 
records  of  Essex  County. 

GLOUCESTER,  WIGWAM    POINT. 

This  reservation  contains  6.50  acres,  and  is  situated  on  Wigwam 
Point,  in  the  town  of  Gloucester,  in  Essex  County.  The  title  is  as 
follows : 

Deed  from  William  Griffin  and  wife,  dated  October  27,  1800,  con- 
veying the  above  tract.  Deed  recorded  in  Book  107,  Leaf  05,  of  the 
deed  records  of  Essex  County. 

FORT    HEATH. 

This  reservation,  near  Fort  Banks,  was  formerly  known  as  the 
"  Gun  Battery."  It  is  situated  on  Grover's  Cliff  in  the  town  of 
Winthrop,  in  Suffolk  County,  and  contains  17.2  acres,  above  the  line 
of  mean  high  water,  with  metes  and  bounds  as  published  in  G.  O.  No. 
137,  War  Dept,  August  24,  1008.  The  title  is  as  follows : 

1.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  25,  1800,  conveying  Lots  0  and  10  in  Block  3,  con- 
taining 10,301  square  feet  of  land;  also  Lot  12  in  Block  3,  contain- 
ing 5,187  square  feet  of  land.     Recorded  in  libro  2001,  page  178,  of 
the  deed  records  of  Suffolk  County. 

2.  Quit-Claim   Deed  from  Wiliam  B.   Rice,  dated   December  26 
1800,  conveying  Lot  No.  3  in  Block  2,  containing  11,880  square  feet  of 
land  together  with  the  flats  and  riparian  rights  appurtenant.     Re- 
corded in  libro  2001,  page  202,  of  same  records. 

3.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1800,  conveying  Lots  1,  2,  3,  14  and  15  in  Block 
3,  containing  33,685  square  feet  of  land ;  also  Lots  4  and  5  in  Block 
3,  containing  11,073  square  feet  of  land.     Recorded  in  libro  2001, 
page  180,  of  same  records. 

4.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  fete., 
dated  December  27,  1800,  conveying  Lot  2  in  Block  2,  containing 
11,750  square  feet  of  land;  also  Lot  4  in  Block  2,  containing  12,230 
square  feet  of  land.     Recorded   in   libro  2001,   page   181,   of  same 
records. 

5.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1800,  conveying  Lots  1,  22  and  21  in  Block  4, 
containing  18,406  square  feet  of  land;  also  Lot  3  in  Block  No.  4,  con- 


MASSACHUSETTS.  175 

taining  4,807  square  feet  of  land ;  also  Lot  5  in  Block  4,  containing 
4,807  square  feet  of  land.  Recorded  in  libro  2001,  page  183,  of 
same  records. 

6.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  Lots  7,  8,  9,  10  and  11  in  Block 
4,  containing  26,051  square  feet  of  land ;  also  Lots  12,  13,  14,  15,  16, 
17,  18,  19  and  20  in  Block  4,  containing  46,855  square  feet  of  land. 
Recorded  in  libro  2001,  page  185,  of  same  records. 

7.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  Lot  21  in  Block  1,  containing 
14,520  square  feet  of  land.    Recorded  in  libro  2001,  page  186,  of  same 
records. 

8.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  Lots  8  and  9  in  Block  5,  contain- 
ing 14,442  square  feet  of  land.    Recorded  in  libro  2001,  page  188,  of 
same  records. 

9.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  Lots  4  and  5  in  Block  5,  contain- 
ing 14,442  square  feet  of  land.    Recorded  in  libro  2001,  page  189,  of 
same  records. 

10.  Quit-Claim  Deed  from  Lucy  A.  Woods  and  husband,  dated 
December  27,  1890,  conveying  Lot  10  in  Block  5,  containing  7,700 
square  feet  of  land  and  all  the  beach,  flats  and  riparian  rights  thereto 
belonging.    Recorded  in  libro  2001,  page  195,  of  same  records. 

11.  Quit-Claim  Deed  from  Julia  B.  Robbins  and  husband,  dated 
December  27,  1890,  conveying  Lot  7  in  Block  5,  containing  7,200 
square  feet  of  land,  with  the  beach,  flats  and  riparian  rights,  etc. 
Recorded  in  libro  2001,  page  199,  of  same  records. 

12.  Quit-Claim  Deed  from  George  A.  Bruce  and  wife,  dated  De- 
cember 27,  1890,  conveying  Lot  1  in  Block  2,  containing  14,130  square 
feet  of  land,  with  the  beach,  flats  and  riparian  rights,  etc.    Recorded 
in  libro  2001,  page  200,  of  same  records. 

13.  Deed  from  Francis  E.  Galloupe  and  wife,  dated  December  27, 
1890,  conveying  Lots  6  and  7  in  Block  2,  containing  34,534  square 
feet  of  land,  with  the  beach,  flats,  riparian   rights   and   dwelling. 
Recorded  in  libro  2001,  page  343,  of  same  records. 

14.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  December  27,  1890,  conveying  Lots  1,  3,  5,  6,  7,  8,  11  and  13  in 
Block  3,  containing  238,200  square  feet  of  land.     Recorded  in  libro 
2001,  page  203,  of  same  records. 

15.  Quit-Claim  Deed  from  Amos  H.  Miller  and  wife,  dated  Decem- 
ber 29,  1890,  conveying  Lot  5  in  Block  2,  containing  12,900  square 
feet  of  land,  with  beach,  flats  and  riparian  rights  (see  restrictions). 
Recorded  in  libro  2001,  page  196,  of  same  records. 

16.  Quit-Claim  Deed  from  Arthur  D.  McClellan  and  wife,  dated 
December  30,  1890,  conveying  Lot  11  iin  Block  5,  containing  8,030 
square  feet  of  land;  also  Lot  11  in  Block  3,  containing  5,187  square 
feet  of  land.    Recorded  in  libro  2001,  page  198,  of  same  records. 

17.  Quit-Claim  Deed  from  William  O.  Hunt,  dated  December  31, 
1890,  conveying  Lot  7  in  Block  3,  containing  5,650  square  feet  of  land. 
Recorded  in  libro  2001,  page  193,  of  same  records. 

18.  Quit-Claim  Deed  from  Edward  R.  Howe  and  wife,  dated  Janu- 
ary 2,  1891,  conveying  Lot  Xo.  6  in  Block  3,  containing  5,561  square 
feet  of  land.    Recorded  in  libro  2001,  page  194,  of  same  records, 


176  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

19.  Deed  from  Charles  Davis,  Jr.,  et  al.,  Trustees,  etc.,  dated  Janu- 
ary 5,  1891,  conveying  a  Lot  at  the  easterly  end  of  Groyers  Cliff,  con- 
taining 238,200  square  feet  of  land,  with  the  flats,  riparian  rights,  etc. 
Recorded  in  libro  2001,  page  340,  of  same  records. 

20.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  April  17, 1891,  conveying  lands  in  rear  of  lots  4  and  5  in  Block 
5,  and  lands  in  rear  of  Lots  7,  8,  9,  10  and  11  in  Block  5,  by  metes 
and  bounds  (shore  line).    Recorded  in  libro  2001,  page  190,  of  same 
records. 

21.  Deed  from  Nellie  A.  Hut  chins,  Guardian,  etc.,  dated  October 
23,  1891,  conveying  Lots  2  and  4  in  Block  4  and  Lot  8  in  Block  3, 
containing  15,075  square  feet  of  land.     Recorded  in  libro  2073,  page 
356  of  same  records. 

22.  Quit-Claim  Deed  from  William  B.  Rice,  dated  May  5,  1893, 
conveying  Lot  13  in  Block  3,  containing  5,187  square  feet;  Lot  6  in 
Block  4,  containing  4,807  square  feet;  Lot  6  in  Block  5,  containing 
6,600  square  feet;  aggregating  16,594  square  feet  of  land  by  metes 
and  bounds;  also  the  land  between  Lot  6  in  Block  5  and  mean  high 
water.     Recorded  in  libro  2146,  page  151,  of  same  records. 

23.  Quit-Claim  Deed  from  Michael  Roughan,  dated  June  2,  1893, 
conveying  Lots  8  and  9  in  Block  2,  containing  37,920  square  feet  of 
land,  with  the  flats  within  side  lines  of  lots,  and  all  riparian  rights, 
etc.     Recorded  in  libro  2147,  page  97,  of  same  records. 

24.  Quit-Claim  Deed  from  William,  B.  Rice  et  al.,  Trustees,  etc., 
dated  August  1,  1893,  releasing  all  restrictions  on  lots  8  and  9  in 
Block   2,   heretofore   conveyed   to   the    United    States    by    Michael 
Roughan  (No.  23  ante).     Recorded  in  libro  2147,  page  88,  of  same 
records. 

25.  Quit-Claim  Deed  from  William  B.  Rice  et  al.,  Trustees,  etc., 
dated  February  9,  1894,  conveying  all  right,  title,  and  interest  of,  in, 
and  to  the  property,  and  also  easements  in  streets  and  alleys  included 
in  Plan  3051  on  file  in  the  office  of  the  Secretary  of  the  Common- 
wealth, being  the  plan  of  land  purchased  or  to  be  purchased  for  the 
purposes  of  National  Defenses  at  Winthrop.     Recorded  in  libro  2184, 
page  270,  of  same  records. 

26.  Decree  of  condemnation  for  Lots  8  and  9  in  Block  2,  containing 
37,920  square  feet;  Lot  13  in  Block  3,  containing  5,187  square  feet; 
Lot  6  in  Block  4,  containing  4,807  square  feet;  Lot  6  in  Block  5,  con- 
taining 6,600  square  feet;  a  tract,  including  a  portion  of  Cherry 
Street,  containing  25,422  square  feet;  a  tract, including  a  portion  of 
Elm  Avenue,  containing  25,420  square  feet,  and  a  tract,  supposed  to 
belong  to  Almira  Tewksbury,  containing  75,886  square  feet,  the  whole 
aggregating  181,242  square  feet  of  land  in  case  of  The  United  States 
v.  Certain  land  in  the  Town  of  Winthrop,  in  the  United  States  District 
Court  for  the  District  of  Massachusetts.     Decree  rendered   at  the 
September  Term,  1892,  and  filed  with  the  record  in  the  Clerk's  Office 
of  said  Court.     Petition,  etc.,  filed  and  recorded  also  in  the  office  of 
the  Register  of  Deeds  for  Suffolk  County  in  Libro  2100,  page  345. 

For  jurisdiction  see  Fort  Banks. 

FORT    INDEPENDENCE,    CASTLE    ISLAND. 

This  reservation,  which  includes  the  whole  island,  contains  an  area 
of  about  12  acres,  from  measurements  taken  at  high  water,  is  situated 


MASSACHUSETTS.  177 

in  Boston  Harbor  about  2J  miles  from  India  Wharf,  200  yards  from 
City  Point,  and  about  1,160  yards  from  Governor's  Island,  from 
which  it  is  separated  by  the  main  channel.  The  title  is  as  follows : 

Ceded  to  the  United  States,  together  with  jurisdiction,  by  an  Act  of 
the  General  Court  of  Massachusetts,  approved  June  25,  1798,  which 
provides  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  an  Island  in  the  harbor  of 
Boston,  called  Castle  Island,  be,  and  hereby  is  granted,  and  ceded  to 
the  United  States,  for  the  purpose  of  erecting  forts,  magazines, 
arsenals,  dock  yards,  and  other  needful  buildings  thereon,  for  the 
defence  of  the  United  States ; 

"  SEC.  2.  Be  it  further  enacted,  That  the  consent  of  this  Common- 
wealth, be,  and  hereby  is  granted  to  the  United  States,  to  purchase 
an  Island  in  the  harbor  of  Boston,  called  Governor's  Island,  and  also 
a  tract  of  land,  not  exceeding  six  hundred  and  forty  acres,  situated 
in  the  town  of  Springfield,  in  the  county  of  Hampshire,  for  the  sole 
purpose  of  erecting  forts,  magazines,  arsenals,  dock  yards,  and  other 
needful  buildings;  the  evidence  of  the  purchases  aforesaid,  to  be 
entered  and  recorded  in  the  Registry  of  Deeds  in  the  counties  where 
the  same  lands  are  respectively  situated.  Provided,  always,  and  the 
cession  and  consent  aforesaid  are  granted  upon  the  express  condition, 
That  this  Commonwealth  shall  retain  a  concurrent  jurisdiction  with 
the  United  States,  in  and  over  the  islands  and  tract  of  land  afore- 
said, so  far  as  that  all  civil  and  such  criminal  processes  as  may  issue 
under  the  authority  of  this  Commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  without  the  said  islands  and 
tract  of  land  may  be  executed  therein,  in  the  same  way  and  manner 
as  though  this  cession  and  consent  had  not  been  made  and  granted." 

By  letter  of  October  9,  1906,  the  Acting  Secretary  of  War  trans- 
ferred to  the  Department  of  Commerce  and  Labor,  for  a  light-house 
station,  a  brick  building  and  site  of  the  same  on  Castle  Island,  at 
the  southwest  corner  of  the  fort ;  and  by  letter  dated  April  24,  1908, 
the  Secretary  of  War  transferred  to  the  Department  of  Commerce 
and  Labor,  for  the  purposes  of  a  light-house  depot,  a  tract  of  1.2 
acres,  at  the  northeasterly  corner  of  the  fort :  these  transfers  being 
made  upon  the  condition  that  the  premises  will  be  returned  to  the 
War  Department  in  the  event  of  their  being  required  for  military 
purposes. 

By  instrument  dated  March  15, 1907,  the  Secretary  of  War  granted 
his  consent  to  the  improvement  and  beautifying  of  the  entire  reserva- 
tion of  Castle  Island,  with  certain  exceptions,  under  Joint  Resolu- 
tion of  Congress  of  May  1,  1890,  which  provides,  that  the  title  and 
control  of  the  reservation  shall  remain  in  the  United  States  and  be 
"  subject  to  such  changes  and  uses  for  military  or  other  purposes  as 
the  Secretary  of  War  may  direct"  (26  Stat.  L.,  671). 

(See  also  Fort  Warren.) 

FORT    LEE. 

This  reservation  contains  an  area  of  2.3  acres  and  is  situated  on 
Salem  Neck,  in  Salem,  Essex  County.  The  title  is  as  follows: 

Deed  from  the  City  of  Salem,  dated  July  31,  1867,  conveying  the 
site  of  old  Fort  Lee.    Recorded  in  Book  730,  Leaf  10,  of  the  deed 
records  of  Essex  County. 
16809—10 12 


178 

LONG  POINT    (PROVINCETOWN). 

This  reservation,  containing  150  acres,  is  situated  in  Provincetown 
Harbor,  in  Barnstable  County.  Title  and  jurisdiction  ceded  by  an 
act  of  the  General  Court  of  the  Commonwealth,  approved  March  5, 
1864,  as  follows : 

"SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the 
United  States  of  America,  and  all  right  of  this  Commonwealth  to  the 
soil  thereof,  over  all  that  portion  of  Long  Point  in  Provincetown 
Harbor  extending  from  the  extremity  occupied  by  the  Light-house, 
to  a  line  drawn  true  west  through  the  northern  point  of  House  Point 
Island,  including  also  that  island  and  all  the  flats  adjacent  to  the 
premises  conveyed  (and  all  the  flats  adjacent  to  any  land  now  owned 
by  the  United  States  on  said  point)  and  also  over  such  other  lands 
belonging  to  said  Commonwealth  in  said  Provincetown  as  the  United 
States  may  take  and  occupy  for  the  erection  of  fortifications:  Pro- 
vided, That  a  plan  thereof  shall  be  filed  in  the  office  of  the  Secretary 
of  this  Commonwealth  within  two  years  from  the  passage  of  this  act. 
Jurisdiction  is  also  ceded  to  said  United  States  of  America  over  all 
other  lands  in  said  Provincetown  to  which  the  United  States  may 
acquire  title  for  the  purposes  aforesaid:  Provided,  That  a  plan  of 
said  premises  shall  be  filed  with  the  Secretary  of  this  Commonwealth 
within  one  year  after  such  title  of  the  United  States  is  acquired,  and 
consent  is  hereby  given  to  the  acquisition  of  such  title:  Provided, 
always,  That  this  Commonwealth  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  all  the  lands  aforesaid,  so  far  that 
all  civil  processes  and  all  criminal  processes  issuing  under  the 
authority  of  this  Commonwealth,  may  be  executed  on  said  lands,  and 
in  any  buildings  thereon  or  to  be  erected  thereon,  in  the  same  way 
and  manner  as  if  Jurisdiction  had  not  been  granted  as  aforesaid." 

License,  December  14,  1905,  to  Life-Saving  Service  for  boathouse. 

NAHANT. 

(Lands  at.) 

This  reservation  contains  about  45  acres,  and  is  situated  at  Nahant, 
in  Essex  County.  The  title  is  as  follows : 

1.  Deed  from  Joseph  T.  Wilson,  dated  October  25,  1899,  conveying 
1,650  square  feet.    Entered  in  the  Kegister's  Office  of  Essex  County, 
with  Essex  Deeds,  So.  Dist.,  Libro  1646,  page  410. 

2.  Deed  from  Joseph  T.  Wilson,  dated  October  25,  1899,  conveying 
181,845  square  feet.     Entered  in  Libro  1634,  page  133,  same  records. 

3.  Deed  from  the  Nahant  Land  Company,  dated  November  1,  1899, 
conveying  126,324  square  feet.     Entered  in  Libro  1629,  page  323, 
same  records. 

4.  Deed  from  Clara  A.  Jones  et  al.,  dated  November  1,  1899,  con- 
veying 8,686  square  feet.     Entered  in  Libro  1646,  page  409,  same 
records. 

5.  Deed  from  Clara  A.  Jones  et  al.,  dated  November  1,  1899,  con- 
veying 5,775  square  feet.     Entered  in  Libro  1646,  page  414,  same 
records. 

6.  Deed  from  Alice  C.  Mclntosh  and  husband,  dated  November  1, 
1899,  conveying  41,175  square  feet,    Entered  in  Libro  1646,  page 
441,  same  records. 


MASSACHUSETTS.  179 

7.  Deed  from  the  Nahant  Land  Company,  dated  November  2,  1899, 
conveying  14  lots  therein  described.     Entered  in  Libro  1629,  page 
325,  same  records. 

8.  Deed  from  the  Nahant  Land  Company,  dated  November  3,  1899, 
conveying   50,000  square   feet.     Entered   in  Libro   1629,   page   347, 
same  records. 

9.  Deed  from  Edward  J.  Johnson,  dated  November  3,  1899,  con- 
veying 3,750  square  feet.     Entered  in  Libro  1629,  page  337,  same 
records. 

10.  Deed  from  the  Nahant  Land  Company,  dated  November  4, 
1899,  conveying  1,634  square  feet.     Entered  in  Libro  1634,  page  138, 
same  records. 

11.  Deed  from  the  Nahant  Land  Company,  dated  November  6, 
1899,  conveying  121,180  square  feet.     Entered  in  Libro  1634,  page 
136,  same  records. 

12.  Deed  from  Charles  G.  Pendleton,  dated  November  7,  1899,  con- 
veying 3,526  square  feet.     Entered  in  Libro  1629,  page  340,  same 
records. 

13.  Deed  from  the  Nahant  Land  Company,  dated  November  7, 
1899,  conveying  63,941  square  feet.     Entered  in  Libro  1646,  page  416, 
same  records. 

14.  Deed  from  the  Nahant  Land  Company,  dated  November  8, 
1899,  conveying  114,705  square  feet.     Entered  in  Libro  1646,  page 
411,  same  records. 

15.  Deed  from  the  Nahant  Land  Company,  dated  November  9, 

1899,  conveying  19,500  square  feet.     Entered  in  Libro  1646,  page  401, 
same  records. 

16.  Deed  from  James  Morgan,  dated  November  27,  1899,  convey- 
ing 3,750  square  feet.     Entered  in  Libro  1629,  page  346,  same  records. 

17.  Deed  from  James  S.  Newhall,  dated  January  11,  1900,  convey- 
ing two  tracts  therein  described.     Entered  in  Libro  1629,  page  329, 
same  records. 

18.  Deed  from  Homer  H.  Colby,  dated  January  30,  1900,  convey- 
ing two  tracts  therein  described.     Entered  in  Libro  1629,  page  326, 
same  records. 

19.  Deed  from  John  A.  Richardson  et  al.,  dated  January  30,  1900, 
conveying  a  tract  therein  described.     Entered  in  Libro  1629,  page 
328,  same  records. 

20.  Deed  from  Euphemia  Tudor,  dated  April  1,  1900,  conveying  a 
tract   therein   described.     Entered   in  Libro    1630,   page  255,   same 
records. 

21.  Deed  from  John  Long  and  wife,  dated  April  28,  1900,  convey- 
ing 3,728.5   square   feet.     Entered   in  Libro   1629,  page   331,  same 
records. 

22.  Deed  from  Mary  Ann  Rooney  et  al.,  dated  May  10,  1900,  con- 
veying a  tract  therein  described.     Entered  in  Libro  1652,  page  466, 
same  records. 

23.  Deed  from  Joseph  T.  Wilson,  guardian  etc.,  dated  May  10, 

1900,  conveying  a  tract  therein  described.     Entered  in  Libro  1652, 
page  406,  same  records. 

24.  Quit  claim  deed  from  Mary  Ellen  Rooney,  dated  May  10,  1900, 
conveying  a  tract  of  land  therein  described.     Entered  in  Libro  1652, 
page  405,  same  records. 


180  UNITED   STATES   MILITAKY  RESERVATIONS,  ETC. 

25.  Deed  from  Minnie  Warner,  dated  July  7,  1900,  conveying  a 
tract  therein  described.     Entered  in  Libro  1646,  page  399,  same  rec- 
ords. 

26.  Deed  from  Warren  P.  Dudley,  dated  July  10,  1900,  conveying 
three  lots  aggregating  13,769  square  feet.     Entered  in  Libro  1629, 
page  330,  same  records. 

27.  Deed  from  Mary  L.  Hammatt,  dated  July  13,  1900,  conveying 
11,258  square  feet.     Entered  in  Libro  1629,  page  334,  same  records. 

28.  Deed  from  Melvin  A.  Atkins,  dated  July  13,  1900,  conveying 
4,652.5  square  feet.     Entered  in  Libro  1629,  page  342,  same  records. 

29.  Deed  from  Leroy  S.  Smith,  dated  July  13,  1900,  conveying 
3,750  square  feet.     Entered  in  Libro  1629,  page  344,  same  records. 

30.  Deed  from  Elias  W.  Bourne,  dated  July  17,  1900,  conveying 

3.530.2  square  feet.     Entered  in  Libro  1629,  page  345,  same  records. 

31.  Deed  from  Nathan  H.  Reed,  dated  July  20,  1900,  conveying 
3,999  square  feet.     Entered  in  Libro  1629,  page  335,  same  records. 

32.  Deed  from  George  O.  Proctor,  dated  July  25,  1900,  conveying 
3,750  square  feet.     Entered  in  Libro  1629,  page  336,  same  records. 

33.  Deed  from  George  O.  Proctor,  elated  July  25,  1900,  conveying 

3.749.3  square  feet.     Entered  in  Libro  1629,  page  339,  same  records. 

34.  Quit-Claim  Deed  from  Charles  F.  Johnson,  dated  July  25, 
1900,  conveying  a  tract  therein  described.     Entered  in  Libro  1629, 
page  349,  same  records. 

35.  Deed  from  Frank  E.  Bruce,  dated  July  27,  1900,  conveying 
3,728.5  square  feet.     Entered  in  Libro  1629,  page  333,  same  records. 

36.  Deed  from  Edward  C.  Johnson,  dated  July  30,  1900,  conveying 
31,777  square  feet.     Entered  in  Libro  1634,  page  135,  same  records. 

37.  Deed  from  Charles  F.  Johnson,  dated  July  30,  1900,  conveying 
87,347.4  square  feet.     Entered  in  Libro  1646,  page  434,  same  records. 

38.  Deed  from  George  W.  Davis  and  wife,  dated  July  31,  1900, 
conveying  3,113.07  square  feet.     Entered  in  Libro  1629,  page  341, 
same  records. 

39.  Deed  from  Gilbert  A.  Tapley,  dated  August  10,  1900,  con- 
veying 23,344  square  feet.     Entered  in  Libro  1646,  page  403,  same 
records. 

40.  Deed  from  Eliza  Bates,  dated  August  10,  1900,  conveying  3,750 
square  feet.     Entered  in  Libro  1634,  page  141,  same  records. 

41.  Deed  from  Jacob  M.  Ellis  and  wife,  dated  August  10,  1900, 
conveying  two  tracts  aggregating  8,636.7  square  feet.     Entered  in 
Libro  1634,  page  140,  same  records. 

42.  Deed   from  William.  F.  Bates,  dated  August  10,   1900,  con- 
veying 3,582  square  feet.     Entered  in  Libro  1634,  page  132,  same 
records. 

43.  Deed  from  Almira  C.  Johnson,  dated  August  17,  1900,  con- 
veying 87,347.4  square  feet.     Entered  in  Libro  1646,  page  436,  same 
records. 

44.  Deed  from  Mary  Kennedy,  dated  August  22,  1900,  conveying 
5,872  square  feet.     Entered  in  Libro  1646,  page  437,  same  records. 

45.  Deed  from  Edward  Follen  and  wife,  dated  September  1,  1900, 
conveying  17,800  square  feet.     Entered  in  Libro  1646,  page  405,  same 
records. 

46.  Deed  from  Edward  Follen  and  wife,  dated  September  1,  1900, 
conveying  a  tract  therein  described.     Entered  in  Libro  1646,  page 
438,  same  records. 


MASSACHUSETTS.  181 

47.  Deed  from  Peter  Sullivan,  dated  October  1,  1900,  conveying  a 
tract  therein  described.     Entered  in  Libro  1646,  page  406,  same  rec- 
ords. 

48.  Deed  from  Peter  Lane,  dated  October  1,  1900,  conveying  a  tract 
therein  described.     Entered  in  Libro  1646,  page  407,  same  records. 

49.  Deed  from  Patrick  J.  O'Connor,  dated  November  1,  1900,  con- 
veying 32,037  square  feet.     Entered  in  Libro  1646,  page  440,  same 
records. 

50.  Deed  from  Almira  C.  Johnson,  dated  November  23,  1900,  con- 
veying 22,383.9  square  feet,     Entered  in  Libro  1646,  page  413,  same 
records. 

51.  Deed  from  Francis  H.  Johnson,  dated  December  1,  1900,  con- 
veying 9,198  square  feet.     Entered  in  Libro  1652,  page  408,  same 
records. 

52.  Deed  from  Francis  H.  Johnson,  dated  December  1,  1900,  con- 
veying 6,723  square  feet.     Entered  in  Libro  1652,  page  410,  same 
records. 

53.  Deed  from  Annie  W.  Johnson,  dated  December  1,  1900,  con- 
veying 7,750  square  feet.     Entered  in  Libro  1652,  page  402,  same 
records. 

54.  Deed  from  Francis  H.  Johnson,  dated  December  1,  1900,  con- 
veying 32,436  square  feet.     Entered  in  Libro  1652,  page  401,  same 
records. 

55.  Deed  from  Charles  F.  Johnson,  dated  December  10,  1900,  con- 
veying 83,560  square  feet.     Entered  in  Libro  1646,  page  404,  same 
records. 

56.  Deed  from  Peter  Lane,  dated  December  21,  1900,  conveying  a 
tract  therein   described.     Entered   in   Libro   1652,  page  409,   same 
records. 

57.  Deed  from  Arthur  A.  Gibson,  dated  December  26,  1900,  con- 
veying 3,750  square  feet.     Entered  in  Libro  1646,  page  400,  same 
records. 

58.  Quit-Claim  Deed  from  Mary  E.  Johnson,  dated  January  10, 
1901,  conveying  two  tracts  therein  described.    Entered  in  Libro  1646, 
page  439,  same  records. 

59.  Deed  from  Martin  Larkin,  dated  January  28,  1901,  conveying 
55,776  square  feet.     Entered  in  Libro  1646,  page  418,  same  records. 

60.  Quit-Claim  Deed  from  Mary  E.  Johnson,  dated  August  8,  1901, 
conveying  a  certain  tract  therein  described.     Entered  in  Libro  1652, 
page  401,  same  records. 

61.  Deed  from  Joseph  T.  Wilson,  Administrator  etc.,  dated  Sep- 
tember 20,  1901,  conveying  an  undivided  fifth  part  of  a  tract  therein 
described.    Entered  in^ Libro  1652,  page  404,  same  records. 

62.  Decree  of  condemnation  in  the  United  States  District  Court, 
for  the  District  of  Massachusetts,  dated  February  5,  1904,  conveying 
the  entire  tract  of  about  45  acres.    Entered  in  Libro  1736,  page  204, 
same  records. 

63.  Supplemental  decree  of  United  States  District  Court;  ^ntered 
June  13,  1907 ;  awarding  the  Town  of  Nahant  $13,150.00  on  account 
of  water-supply  and  sewer  systems  on  said  reservation.     Settlement 
made  pursuant  to  said  decree. 


182  UNITED  STATES  MILITARY  RESERVATIONS,   ETC. 

Jurisdiction  was  ceded  by  an  Act  of  the  State  Legislature,  ap- 
proved May  6,  1902,  which  provides  as  follows : 

"  Section  1.  The  consent  of  the  Commonwealth  is  hereby  granted  to 
the  United  States  of  America  to  acquire,  by  purchase  or  by  condem- 
nation, a  tract  of  land  in  the  town  of  Nahant  containing  about  forty- 
five  acres,  to  be  described  in  the  plans  provided  for  in  section  four  of 
this  act,  which  land  is  to  be  used  for  the  purposes  of  national  defence. 

"  SEC.  2.  Jurisdiction  over  the  area  so  acquired  is  hereby  granted 
and  ceded  to  the  United  States :  provided,  always,  that  the  Common- 
wealth shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  area  so  acquired,  so  far  that  all  civil  and  criminal 
processes  issuing  under  the  authority  of  the  Commonwealth  may  be 
executed  on  said  land  and  in  any  buildings  thereon  or  which  may  be 
erected  thereon,  in  the  same  manner  as  if  jurisdiction  had  not  been 
granted  as  aforesaid;  and  provided,  also,  that  the  exclusive  jurisdic- 
tion shall  revert  to  and  revest  in  the  Commonwealth  whenever  the 
said  land  shall  cease  to  be  used  for  the  purposes  of  national  defence. 

"  SEC.  3.  The  United  States  government  is  hereby  authorized,  upon 
such  terms  and  conditions  as  shall  be  prescribed  by  the  harbor  and 
land  commissioners,  to  occupy  and  fill  such  flats  belonging  to  the 
Commonwealth,  and  to  place  such  structures  in  or  over  the  tide  water 
adjacent  to  the  area  hereby  authorized  to  be  acquired,  as  may  be 
necessary  for  the  purposes  for  which  said  area  is  to  be  used. 

"  SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  suitable 
plans  of  the  premises  acquired  by  the  United  States  under  the  pro- 
visions of  this  act  shall  be  deposited  in  the  office  of  the  secretary  of 
the  Commonwealth  within  six  months  after  the  date  of  the  acquisi- 
tion thereof." 

Conditions  of  section  4  of  above  Act  were  duly  complied  with. 

Lease,  revocable  at  will,  dated  July  1,  1907,  to  Sylvester  Brown  of 
the  premises  known  as  the  "  Tri-Mountain  House,"  for  the  term  of 
five  years. 

License:  Revocable  license,  dated  June  13,  1907,  to  the  Lynn  Gas 
and  Electric  Company  for  aerial  electric  lines,  along  Bass  Point  Road 
within  the  reservation. 

FORT   PHCENIX. 

This  reservation  contains  an  area  of  2J  acres  of  land,  and  is  situated 
upon  the  left  bank  of  the  entrance  to  New  Bedford  Harbor  in  Bristol 
County.  The  title  is  as  follows: 

Deed  from  Killey  Eldridge,  dated  September  28,  1808,  conveying 
2^  acres  with  driftway  privilege.  Recorded  in  S.  general,  page  274, 
etc.,  of  the  deed  records  of  Bristol  County. 

FORT   PICKERING. 

This  reservation  contains  an  area  of  about  32  acres,  including  a 
portion  of  Winter  Island,  and  is  situated  at  Salem  on  Hospital  Point 
and  in  the  harbor,  in  Essex  County.  The  title  is  as  follows : 

1.  Deed  from  the  Inhabitants  of  Salem,  dated  September  1,  1794, 
conveying  2  acres  and  1  rood  with  right  of  way.     Recorded  in  Book 
158,  Leaf  190,  of  the  deed  records  of  Essex  County. 

2.  Deed  from  the  City  of  Salem,  dated  June  24,  1865,  conveying  a 
portion  of  Winter  Island.    Recorded  in  Book  678,  Leaf  291,  of  same 
records. 


MASSACHUSETTS.  183 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  28,  1865,  which  provides  as  follows : 

"  SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the  United 
States  of  America,  over  all  that  portion  of  Winter  Island  in  Salem 
Harbor,  lying  above  low -water  mark,  which  may  at  any  time  have 
been  acquired  by  the  United  States  by  deed  from  the  municipal 
authorities  of  Salem  for  military  purposes,  including  the  present 
Fort  Pickering  and  buildings  connected  therewith :  provided,  that  a 
general  plan  of  said  premises  shall  be  filed  with  the  secretary  of  this 
Commonwealth  within  one  year  after  the  passage  of  this  act;  and 
provided  also,  that  this  Commonwealth  shall  retain  concurrent  juris- 
diction with  the  United  States,  in  and  over  all  the  lands  aforesaid, 
so  far  that  all  civil  and  criminal  processes  issuing  under  the  authority 
of  this  Commonwealth,  may  be  executed  on  said  lands,  and  in  any 
buildings  thereon  or  to  be  erected  thereon,  in  the  same  way  and  man- 
ner as  if  jurisdiction  had  not  been  granted  as  aforesaid." 

Revocable  Licenses:  License  (in  form  of  agreement),  July  12, 1870, 
to  the  Trustees  of  the  Plumer  Farm  School  for  Boys  to  occupy  reser- 
vation and  buildings  thereon. 

License,  January  7,  1871,  to  the  Treasury  Department  to  place  a 
beacon-light  and  small  cottage  on  the  reservation. 

License,  September  19,  1879,  to  the  Treasury  Department  to  occupy 
a  portion  of  the  reservation  for  light  house  purposes. 

PITTSFIELD 

(Land  at). 

This  reservation  contains  an  area  of  21  acres  and  90  square  rods, 
and  is  situated  in  the  Town  of  Pittsfield,  in  Berkshire  County.  The 
title  is  as  follows: 

1.  Deed  from  William  Allen,  dated  May  23,  1812,  conveying  1 
acre  and  buildings.     Recorded  in  Book  No.  50,  page  185,  of  the  deed 
records  of  Berkshire  County. 

2.  Deed  from  William  Allen,  Executor,  etc.,  dated  October  26, 
1814,  conveying  13  acres.     Recorded  in  Book  No.  55,  page  128,  of 
same  records. 

3.  Deed  from  William  Allen,  Executor,  etc.,  dated  October  26, 
1814,  conveying  7  acres  and  90  square  rods.     Recorded  in  Book  No. 
55,  page  170,  of  same  records. 

FORT  REVERE. 

This  reservation  contains  an  area  of  77.505  acres,  according  to  sur- 
vey by  First  Lieut.  G.  R.  Lukesh,  Corps  of  Engineers,  under  the 
direction  of  Lieut.  Col.  W.  S.  Stanton,  Corps  of  Engineers.  See 
G.  O.  69,  W.  D.,  May  6,  1905.  Also  comprises  parcel,  12  feet  square, 
conveyed  by  deed  No.  13,  post. 

It  is  situate  at  Nantasket  Head,  in  the  Town  of  Hull.  The  title  is 
as  follows: 

1.  Deed  from  Eliza  J.  H.  Andrew,  dated  September  21,  1897,  con- 
veying 1,524,600  square  feet  of  land.     Recorded  in  Book  765,  page  1, 
etc.,  of  the  records  of  Plymouth  County. 

2.  Deed  from  John  J.  Eaton  and  wife,  dated  April  29,  1898,  con- 
veying 16,711  square  feet  of  land.     Recorded  in  Book  758,  page  108, 
of  same  records. 


184  UNITED  STATES   MILITARY  RESERVATIONS,   ETC. 

3.  Deed  from  Fitz  Henry  Smith  and  wife,  dated  April  29,  1898, 
conveying  16,711  square  feet.     Recorded  in  Book  758,  page  109,  of 
same  records. 

4.  Deed  from  Martin  L.  Gate  and  wife,  dated  June  18,  1898,  con- 
veying 13,318  square  feet.     Recorded  in  Book  820,  page  103,  of  same 
records.     The  above  tract  was  acquired  by  condemnation  proceedings 
in  the  U.  S.  District  Court  of  Massachusetts.     Decree  rendered  April 
29,  1901. 

5.  Deed  from  Albert  L.  Knight,  et  al.,  dated  June  28,  1898,  con- 
veying 103,716  square  feet  of  land.     Recorded  in  Book  805,  page  60 
etc.,  of  same  records. 

6.  Deed  from  Floretta  Vining,  dated  June  30,   1898,  conveying 
100,000  square  feet  of  land.     Recorded  in  Book  775,  page  492-3,  of 
same  records. 

7.  Deed   from  Louis  Prang,  dated  October   15,   1898,  conveying 
13,295  square  feet  of  land.    Recorded  in  Book  820,  page  104,  of  same 
records. 

8.  Deed  from  Lewis  P.  Loring  et  al.,  dated  March  13,  1899,  con- 
veying certain  land  therein  described.     Recorded  in  Book  776,  page 
262,  of  same  records. 

9.  Deed  from  the  Battery  Heights  Land  Company,  dated  April 
29,  1899,  conveying  347,748  square  feet  of  land.     Recorded  in  Book 
765,  page  6,  etc.,  of  same  records. 

10.  Deed  from  Arthur  Foote  and  wife,  dated  July  14,  1899,  con- 
veying 11,688  square  feet  of  land.     Recorded  in  Book  790,  page  447, 
of  same  records. 

11.  Right  to  enter  "Battery  Heights  Sewer"  acquired  by  deed 
from  Selectmen  of  the  Town  of  Hull,  dated  November  20,  1902. 

12.  Right  to  lay  and  maintain  underground  cable  across  land  of 
grantors  and  Telegraph  Avenue,  conveyed  by  deed  of  Rosa  P.  Hein- 
zen  and  husband,  dated  September  5,  1906.     Recorded  in  Book  959, 
page  164,  et  seq.,  of  same  records. 

13.  Deed  from  Town  of  Hull,  County  of  Plymouth,  dated  Novem- 
ber 30,  1906,  conveying  a  parcel  of  land  twelve  feet  square,  on  and 
back  of  the  sea-wall  between  Spring  Street  and  Hull  Bay,  southerly 
of  the  reservation.     Recorded  in  Book  967,  rjage  310  et  seq.,  of  same 
records.     (Consent   to   purchase   and   jurisdiction   over  this   parcel, 
granted  and  ceded  by  Act  approved  June  21,  1906;  Chap.  511,  Acts 
of  1906). 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature,  ap- 
proved June  8,  1898,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  The  consent  of  the  Commonwealth 
of  Massachusetts  is  hereby  granted  to  the  United  States  of  America 
to  purchase  two  tracts  of  land  in  the  town  of  Hull,  covering  parts  of 
the  heights  known  as  Telegraph  or  Nantasket  Hill,  and  Gushing  Hill, 
the  same  to  be  used  for  national  defense. 

"  SEC.  2.  Jurisdiction  over  the  area  so  purchased  is  hereby  granted 
and  ceded  to  the  United  States:  provided  (and  the  cession  and  con- 
sent aforesaid  are  granted  upon  the  express  condition),  that  the  Com- 
monwealth shall  retain  a  concurrent  jurisdiction  with  the  United 
States  in  and  over  the  land  so  purchased,  so  far  as  that  all  civil 
processes  and  such  criminal  processes  as  may  issue  under  the  authority 
of  the  Commonwealth  against  any  person  or  persons  charged  with 
crimes  committed  without  the  said  tracts  of  land  may  be  executed 


MASSACHUSETTS.  185 

therein  in  the  same  manner  as  though  this  cession  had  not  been 
granted. 

"  SEC.  3.  The  United  States  government  is  hereby  authorized,  upon 
such  terms  and  conditions  as  shall  be  prescribed  by  the  harbor  and 
land  commissioners,  to  occupy  and  fill  such  flats  belonging  to  the 
Commonwealth,  and  to  place  such  structures  in  or  over  the  tide  water 
adjacent  to  the  area  herein  authorized  to  be  purchased  as  may  be 
necessary  for  the  purposes  for  which  said  area  is  to  be  used. 

"SEC.  4.  This  act  shall  be  void  unless  a  suitable  plan  or  plans  of 
the  premises  purchased  by  the  United  States  under  the  provisions  of 
this  act  shall  be  deposited  in  the  office  of  the  secretary  of  the  Common- 
wealth within  one  year  from  the  passage  of  this  act." 

There  being  a  question  as  to  whether  this  Act  covered  the  entire 
reservation,  its  provisions  were  extended  by  act  of  the  General  Court, 
approved  May  25,  1905  (Chapter  455,  Acts  and  Resolves  of  1905), 
providing  as  follows: 

"  SECTION  1.  The  provisions  of  chapter  five  hundred  and  twelve 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-eight,  entitled 
'An  act  to  approve  the  purchase  by  the  United  States  of  two  tracts  of 
land  in  the  town  of  Hull,  and  to  cede  jurisdiction  over  the  same  to 
the  national  government,'  are  hereby  extended  to  include  all  those 
lands  heretofore  acquired  by  the  United  States  and  now  constituting 
the  military  reservation  of  Fort  Revere,  Massachusetts,  aggregating, 
with  beach  and  flats  to  low  water  mark,  about  seventy-seven  and  one- 
half  acres — the  same  being  shown  on  a  map  or  survey  of  said  reserva- 
tion in  June,  nineteen  hundred  and  four,  by  first  lieutenant  G.  R. 
Lukesh,  Corps  of  Engineers,  United  States  Army,  under  the  direction 
of  Lieutenant  Colonel  W.  S.  Stanton,  Corps  of  Engineers,  United 
States  Army." 

Easements:  The  reservation  was  acquired  subject  to  an  easement 
in  the  New  York,  New  Haven  and  Hartford  Railroad  Company  for 
a  railway  across  the  reservation;  and  subject  to  an  easement  in  the 
County  Commissioners  of  Plymouth  County  for  a  road  crossing  the 
reservation.  Public  easement  in  this  road  was  extinguished  by  decree 
of  U.  S.  District  Court  of  May  28,  1906. 

Revocable  License:  License,  May  14,  1904,  to  the  Boston  Chamber 
of  Commerce  to  maintain  a  marine  reporting  station  on  Nantasket 
Hill.  Amended  by  letter  of  Acting  Secretary  of  War  of  October  28, 
1904. 

License,  July  11,  .1907,  to  New  England  Telephone  and  Telegraph 
Company  for  telephone  and  telegraph  line  on  the  reservation. 

FORT  RODMAN. 

This  reservation  contains  about  69  acres  of  land,  and  is  situated 
near  New  Bedford,  in  Bristol  County.  The  title  is  as  follows  : 

1.  Deed  from  Francis  Allen,  dated  June  2,  1800,  conveying  141 
rods  of  upland   (Light-House  site).     Recorded  in  Book  79,  North 
District,  Land  records  of  Bristol  County,  page  132,  etc. 

2.  Deed  from  Butler  H.  Bixby,  dated  September  24,  1857,  convey- 
ing 60  acres  of  land  by  metes  and  bounds,  exclusive  of  the  light- 
house tract  and  certain  roads  included  therein.     Recorded  in  Book 
34,  page  431,  etc.,  of  same  records. 


186  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

3.  Deed  of  release  from  E.  W.  Howland,  dated  June  10,  1859,  con- 
veying all  interest  in  all  the  roads  at  Clark's  Point  subject  to  the 
conditions  of  an  agreement  between  the  Special  Board  of  Engineers 
and  the  City  of  New  Bedford.    Recorded  in  Liber  40,  folio  232,  etc., 
of  same  records. 

4.  Ordinance  of  City  of  New  Bedford  authorizing  Mayor   and 
others  to  bind  the  city  in  the  matter  of  an  agreement  with  the  United 
States  in  regard  to  roads.     Dated  March  31,  1859.     In  office  of  City 
Clerk. 

Jurisdiction  ceded  to  the  United  States  by  the  acts  of  the  State 
Legislature,  approved  April  8,  185G,  and  May  4,  1857,  which  pro- 
vide as  follows: 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over 
Egg  Island  Shoal,  in  the  harbor  of  New  Bedford,  to  include  all  of 
said  shoal  above  or  within  low-water  mark,  and  so  much  thereof, 
without  low-water  mark,  as  shall  be  bounded  by  lines  drawn  four 
hundred  yards  distant  from,  and  parallel  to,  the  faces  of  any  fort  to 
be  built  thereon.  Jurisdiction  is  also  ceded  to  the  United  States 
over  any  tract  or  tracts  of  land  on  Clark's  Point,  in  the  city  of  New 
Bedford,  that  may  be  acquired  by  the  United  States  for  the  purpose 
of  building  and  maintaining  thereon  forts,  magazines,  arsenals,  dock- 
yards, wharves,  and  other  structures,  with  their  appendages;  and 
over  all  the  contiguous  shores,  flats,  and  waters,  within  four  hundred 
yards  from  low-water  mark;  and  all  right,  title,  and  claim,  which 
this  .Commonwealth  may  have  to  or  in  the  premises  aforesaid,  is 
hereby  granted  to  the  United  States;  Provided,  that  this  Common- 
wealth shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  all  the  premises  aforesaid,  so  far  as  that  all  civil  proc- 
esses and  such  criminal  processes  as  may  issue  under  the  authority  of 
this  Commonwealth,  against  any  person  or  persons  charged  with 
crimes  committed  without  the  premises  aforesaid,  may  be  executed 
therein  in  the  same  way  and  manner  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid. 

"  SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this 
act,  and  all  structures  and  other  property  thereon,  shall  be  exoner- 
ated and  discharged  from  all  taxes  and  assessments  which  may  be 
laid  or  imposed  under  the  authority  of  this  Commonwealth  while 
said  premises  shall  remain  the  property  of  the  United  States,  and 
shall  be  used  for  the  purposes  intended  by  this  act."  (Approved, 
April  8,  1856.) 

"  Be  it  enacted,  etc.,  The  consent  of  this  Commonwealth  is  hereby 
granted  to  the  United  States  taking  possession  of  such  and  so  much 
land  on  Clark's  Point,  in  the  City  of  New  Bedford,  as  the  United 
iStates  shall  deem  needful  for  the  purpose  of  military  defense,  upon 
just  and  full  compensation  being  provided  for  the  owners  thereof  or 
of  any  easement  in  or  over  the  same,  in  the  manner  prescribed  by 
law  for  damages  sustained  by  individuals  whose  lands  are  taken  for 
public  highways  in  this  Commonwealth;  but  the  consent  so  given 
shall  not  impede  the  execution  of  any  process,  civil  or  criminal,  issued 
under  the  authority  of  this  Commonwealth,  except  so  far  as  such 
process  may  affect  the  real  or  personal  property  of  the  United  States 
within  the  said  territory."  (Approved,  May  4,  1857.) 


MASSACHUSETTS.  187 

• 
SALEM. 

(Lot  in.) 

This  property  contains  an  area  of  about  16,400  square  feet  of  land 
and  is  situated  in  Salem  in  Essex  County.  The  title  is  as  follows: 

Deed  from  John  Crowningshield  et  al.,  dated  June  23,  1818,  con- 
veying the  above  tract.  Recorded  in  Book  216,  Leaf  198,  of  the  deed 
records  of  Essex  County. 

SALEM    GUN    HOUSE. 

This  property  contains  an  area  of  1,600  square  feet  and  is  situated 
in  Salem  in  Essex  County.  The  title  is  as  follows : 

Deed  from  the  inhabitants  of  Salem,  dated  December  20,  1808, 
conveying  the  above  tract.  Recorded  in  Book  187,  Leaf  215,  of  the 
deed  records  of  Essex  County. 

SALISBURY  BEACH. 

This  reservation  contains  about  2  acres  and  is  situated  at  the  Town 
of  Salisbury  in  Essex  County.  The  title  is  as  follows : 

1.  Deed  from  The  Commoners  of  Salisbury,  dated  August  9,  1808, 
conveying  1  acre  of  beach  or  upland  and  all  the  rocks  and  flats  in- 
cluded within  described  bounds.     Recorded  in  Book  185,  Leaf  210, 
of  the  deed  records  of  Essex  County. 

2.  Deed  from  the  Commoners  of  Salisbury,  dated  June  4,  1835,  con- 
veying 1  acre  including  all  of  Badger's  Rocks.     Recorded  in  Book 
285,  Leaf  51,  of  same  records. 

FORT   SEWELL. 

This  reservation  occupies  the  site  of  an  old  earthwork  and  is  situ- 
ated at  the  west  entrance  to  Marblehead  Harbor.  The  land  was  ac- 
quired by  virtue  of  an  act  of  Congress  approved  March  30,  1794. 
The  title  is  as  follows : 

1.  Deed  from  Russell  Trevett,  dated  August  30,  1794,  conveying  a 
tract  of  land  as  a  part  of  Gale's  Head,  excepting  the  ground  whereon 
the  fort  was  anciently  built,  with  right  of  way,  etc.     Recorded  in 
Book  158,  Leaf  197,  of  the  deed  records  of  Essex  County. 

2.  Deed  from  the  Inhabitants  of  the  Town  of  Marblehead,  dated 
August  30,  1794,  conveying  part  of  Gale's  Head  anciently  reserved  to 
said  Inhabitants  and  hitherto  occupied  as  a  Fort  with  right  of  way, 
etc.     Recorded  in  Book  158,  Leaf  197,  of  same  records. 

SPRINGFIELD  ARMORY. 

This  reservation  is  situated  at  Springfield  in  Hampden  County. 
The  title  is  as  follows : 

1.  Deed  from  Nathaniel  Patton  and  wife,  dated  June  22,  1795, 
conveying  1  acre  and  2  roods  of  land  with  privilege  of  erecting  a  dam, 
etc.  Recorded  in  office  of  the  Registry  of  Deeds  for  Hampshire 
County,  June  23,  1795. 


188  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

2.  Deed  from  John  Ashley  and  wife,  dated  September  19,  1798, 
conveying  1  acre  and  136  rods  of  land  with  the  privilege  of  erecting  a 
dam,  etc.    Recorded  September  19,  1798,  in  same  records. 

3.  Deed  from  the  Inhabitants  of  the  Town  of  Springfield,  dated 
August  24,  1801,  conveying  30  acres  2  roods  and  14  rods.    Recorded 
in  Liber  40,  folio  216,  of  same  records. 

4.  Deed  from  Jonathan  Dwight  et  al.,  dated  October  16,  1807, 
conveying  139  perches  of  land.    Recorded  in  Liber  47,  folio  546,  of 
same  records. 

5.  Deed  from  the  Town  of  Springfield,  dated  September  2,  1808, 
conveying  127  rods  of  land.     Recorded  in  Liber  49,  folio  310,  of 
same  records. 

6.  Deed  from  James  Byers,  dated  January  9,  1809,  conveying  lot 
in  Springfield;  area  not  given.     Recorded  in  Liber  47,  folio  618,  of 
same  records. 

7.  Deed  from  John  Ashley,  dated  January  10,  1809,  conveying  117 
rods  of  land.    Recorded  in  Liber  49,  pages  72,  etc.,  of  same  records. 

8.  Deed  from  Geralds  Warner,  dated  March  2,  1809,  conveying  7 
acres  and  95  rods.    Recorded  in  Liber  50,  folio  156,  of  same  records. 

9.  Deed  from  Daniel  Ashley  and  wife,  dated  April  17,  1809,  con- 
veying 15  acres.    Recorded  in  Liber  50,  folio  297,  of  same  records. 

10.  Deed  from  Jonathan  Dwight,  jr.,  dated  June  10,  1809,  con- 
veying 5  acres.    Recorded  in  Liber  50,  folio  380,  of  same  records. 

11.  Deed  from  Jacob  Bliss,  dated  December  13,  1809,  conveying 
60  rods  of  land.    Recorded  in  Liber  47,  folio  686,  of  same  records. 

12.  Deed  from  William  Carlisle,  dated  January  26,  1811,  convey- 
ing 6  acres  and  79  rods  of  land.    Recorded  in  Liber  51,  folio  595,  of 
same  records. 

13.  Deed  from  Trustees  of  the  School  Funds  in  Town  of  Spring- 
field, dated  May  9,  1812,  conveying  16  acres  2  roods  and  30  rods  of 
land.    Recorded  in  Liber  49,  folio  640,  etc.,  of  same  records. 

14.  Deed  from  James  Byers  and  wife,  dated  May  13,  1812,  con- 
veying 72  rods  of  land.     Recorded  in  Liber  53,  folio  619,  of  same 
records. 

15.  Deed  from  James  Carew  and  wife,  dated  May  13,  1812,  con- 
veying a  lot  in  Springfield.    Recorded  in  Liber  53,  folio  617,  of  same 
records. 

16.  Deed  from  Calvin  Barret  and  wife,  dated  May  13,  1812,  con- 
veying a  lot  in  Springfield.    Recorded  in  Liber  53,  folio  618,  of  same 
records. 

17.  Deed  from  Obed  Wright  and  wife,  dated  May  14,  1812,  con- 
veying 17  rods  of  land.     Recorded  in  Liber  53,  folio  620,  of  same 
records. 

18.  Deed  from  Josiah  Comstock  and  wife,  dated  May  16,  1812,  con- 
veying 36  rods,  etc.,  of  land.     Recorded  in  Liber  53,  folio  621,  of 
same  records. 

19.  Deed  from  William  Wood,  Jr.,  and  wife,  dated  May  26,  1812, 
conveying  a  lot  in  Springfield.     Recorded  in  Liber  53,  folio  622,  of 
same  records. 

20.  Deed  from  E.  Cooley  and  wife,  dated  May  28,  1812,  conveying 
a  lot  in  Springfield.     Recorded  in  Liber  53,  folio  623,  of  same  records. 

21.  Deed  from  Lemuel  Wheeler,  dated  June  4, 1812,  conveying  0.50 
acre.    Recorded  in  Liber  53,  folio  642,  of  same  records. 


MASSACHUSETTS.  189 

22.  Deed  from  George  Blake  and  wife,  dated  June  5,  1817,  con- 
veying 8  acres  and  3  roods.     Recorded  in  Liber  62,  folio  252,  of  same 
records. 

23.  Deed  from  the  Trustees  of  the  School  Funds,  etc.,  dated  Sep- 
tember 30,  1817,  conveying  two  tracts  in  Springfield.     Recorded  in 
Liber  61,  folio  210,  of  same  records. 

24.  Deed  from  John  Ashley,  dated  May  27,  1819,  conveying  80 
square  rods  and  rights  in  bed  of  river.     Recorded  in  Liber  64,  folio 
311,  of  same  records. 

25.  Deed  from  Samuel  Warner  and  wife  et  al.,  dated  August  8, 
1822,  conveying  5  acres  and  95  rods.     Recorded  in  the  office  of  the 
Registry  of  Deeds  in  Hampden  County,  September  21,  1822. 

26.  Deed  from  William  Carlisle,  dated  June  24,  1824,  conveying 
2  acres  1  rood  and  87  rods.     Recorded  in  Liber  71,  folio  549,  of  same 
records. 

27.  Deed  from  Thaddeus  Ferro,  dated  June  24,  1824,  containing  2 
acres  and  69  rods  of  land.     Recorded  in  Liber  71,  folio  548,  of  same 
records. 

28.  Deed  from  Lemuel  Charter,  dated  April  21,  1825,  conveying  2 
acres  and  92  rods.     Recorded  in  Liber  74,  folio  633,  of  same  records. 

29.  Deed  from  Solomon  Hatch,  dated  September  14,  1825,  convey- 
ing 40  rods  of  land  and  right  of  way,  etc.     Recorded  in  Liber  75, 
folio  186,  of  same  records. 

30.  Deed  from  Abiram  Morgan,  dated  December  20,  1827,  con- 
veying a  spring  of  water,  etc.     Recorded  in  Liber  77,  folio  724,  of 
same  records. 

31.  Deed  from  Jonathan  D wight,  Jr.,  and  wife,  dated  July  3,  1830, 
conveying  5.50  acres.     Recorded  in  Liber  82,  folio  179,  of  same  records. 

32.  Deed  from  Homer  J.  Wood  and  wife,  dated  February  22,  1845, 
conveying  a  lot  in  Springfield.     Recorded  in  Liber  128,  folio  74,  of 
same  records. 

33.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  May  24,  1845, 
conveying  a  lot  in  Springfield.     Recorded  in  Liber  127,  folio  311,  of 
same  records. 

34.  Deed  from  Samuel  Currier  and  wife,  dated  May  26,  1845,  con- 
veying 28  rods  of  land,  with  reservations,  etc.     Recorded  in  Liber 
128,  folio  177,  of  same  records. 

35.  Deed  from  George  Bliss  and  wife,  dated  May  26,  1845,  con- 
veying a  lot  in  Springfield.     Recorded  in  Liber  128,  folio  176,  of 
same  records. 

36.  Deed  from  Persis  Taylor,  dated  May  31,  1845,  conveying  6 
rods  of  land.     Recorded  in  Liber  129,  folio  435,  of  same  records. 

37.  Deed  from  Benedick  Fenwick,  dated  October  15,  1845,  con- 
veying a  lot  in  Springfield.     Recorded  in  Liber  130,  folio  447,  of 
same  records. 

38.  Deed  from  William  Sheldon,  dated  October  23,  1845,  convey- 
ing lots  in  Springfield.     Recorded  in  Liber  131,  folio  118,  of  same 
records. 

39.  Deed  from  James  Brewer,  dated  July  15,  1845,  conveying  12 
acres  and  water  privileges.     Recorded  in  Liber  133,  folio  126,  of  same 
records. 

40.  Deed  from  the  Inhabitants  of  Springfield,  dated  October  12, 
1846,  conveying  by  way  of  exchange  of  certain  lands  by  authority 


190  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

of  an  act  of  Congress  approved  March  3,  1846.     Recorded  in  Lioer 

132,  folio  336,  of  same  records. 

41.  Deed  from  James  M.  Crooks,  dated  October  2,  1846,  conveying 
Lots  9  and  10;  also  a  strip  3  feet  wide  adjoining  the  same;  also  a 
strip  3  feet  wide  on  Sumner  Street.     Recorded  in  Liber  135,  folio 
410,  of  same  records. 

42.  Deed  from  James  M.  Crooks,  dated  October  2,  1846,  conveying 
by  release  all  interest  in  Sumner  Street.     Recorded  in  Liber  132, 
folio  336,  of  same  records. 

43.  Deed  from  James  Brewer,  dated  October  19,  1846,  conveying 
by  way  of  release  all  interest  in  certain  roads.     Recorded  in  Liber 

133,  folio  212,  of  same  records. 

44.  Deed  from  James  Brewer,  dated  October  19,  1846,  conveying 
a   lot  in  Springfield.     Recorded  in  Liber  136,  folio   150,  of  same 
records. 

45.  Deed  from  Samuel  Dale  and  wife,  dated  November  16,  1846, 
conveying  a  lot  in  Springfield.     Recorded  in  Liber  132,  folio  426,  of 
same  records. 

46.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  November  30, 

1846,  conveying  a  lot  in  Springfield.     Recorded  in  Liber  132,  folio 
425,  of  same  records. 

47.  Deed  from  Walter  H.  Bowdoin  and  wife,  elated  December  18, 

1847,  conveying  120  square  rods  of  land  in  Springfield.     Recorded 
in  Liber  139,  folio  483,  of  same  records. 

48.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  December  18, 

1847,  conveying  Lots  6  and  7  of  Cottage  Homestead,  Springfield,  etc. 
Recorded  in  Liber  140,  folio  234,  of  same  records. 

49.  Deed  from  Walter  H.  Bowdoin  and  wife,  et  al.,  dated  Decem- 
ber 18,  1847,  conveying  Lot  8  of  Cottage  Homestead,  in  Springfield. 
Recorded  in  Liber  140,  folio  235,  of  same  records. 

50.  Deed  from  George  T.  Bond,  dated  February  28,  1848,  con- 
veying 3  roods  of  land.     Recorded  in  Liber  140,  folio  219,  of  same 
records. 

51.  Deed  from  James  Indicott  and  wife,  et  al.,  dated  March  31, 

1848,  conveying  Lot  5  in  Cottage  Homestead,  addition  to  Springfield. 
Recorded  in  Liber  141,  folio  220,  of  same  records. 

52.  Deed  from  Walter  H.  Bowdoin  and  wife,  dated  September  30, 
1848,  conveying  2  roods  of  land.     Recorded  in  Liber  145,  folio  170, 
of  same  records. 

53.  Deed  from  Reuben  A.  Chapman  and  wife,  dated  September  22, 

1848,  conveying  by  release,  etc.,  a  lot  in  Springfield.     Recorded  in 
Liber  133,  folio  215,  of  same  records. 

54.  Deed  from  John  Mills  and  wife,  dated  September  30,  1848, 
conveying  by  release,  etc.,  a  lot  in  Springfield.     Recorded  in  Book 
142,  page  610,  of  same  records. 

55.  Deed  from  Jacob  Ladd  and  wife,  dated  January  13,  1849,  con- 
veying 10  acres  3  roods  and  35J  rods  of  land.     Recorded  in  Book  146, 
page  286,  of  same  records. 

56.  Deed  from  Corbin  O.  Wood  and  wife,  et  al.,  dated  February  1, 

1849,  conveying  18  acres  2  roods  and  51J  rods  of  land,  etc.     Recorded 
in  Book  146,  page  290,  of  same  records. 

57.  Deed  from  Elisha  Benton  and  wife,  dated  February  1,  1849, 
conveying  7  acres  and  4  rods  of  land,  etc.     Recorded  in  Book  146, 
page  285,  of  same  records. 


5ITY 

OF 

MASSACHUSETTS.  191 


58.  Deed  from  Luman  Spencer  and  wife,  dated  February  1,  1849, 
conveying  a  tract  of  land  in  Springfield,  etc.     Recorded  in  Book  146, 
page  289,  of  same  records. 

59.  Deed  from  Seth  Thayer  and  wife,  dated  February  1,  1849,  con- 
veying a  tract  in  Springfield.     Recorded  in  Book  146,  page  284,  of 
same  records. 

60.  Deed  from  Charles  F.  L.  Warner  and  wife,  dated  February  10, 
1849,  conveying  3  acres  2  roods  and  6  rods  of  land,  etc.     Recorded  in 
Book  146,  page  288,  of  same  records. 

61.  Deed  from  James-  W.  Crooks,  Guardian,  etc.,  dated  March  22, 
1849,  conveying  8  acres  3  roods  and  87  rods  of  land,  etc.     Recorded  in 
Book  146,  page  313,  etc.,  of  same  records. 

62.  Deed  from  Orrin  C.  Andrus,  dated  March  23,  1849,  conveying 
24  rods  of  land,  etc.     Recorded  in  Book  147,  page  344,  of  same  records. 

63.  Deed  from  Sophia  Charter  and  husband,  dated  May  21,  1849, 
conveying  2  acres  1  rood  and  33  rods  of  land,  etc.     Recorded  in  Liber 
150,  folio  462,  of  same  records. 

64.  Deed  from  Roswell  Shurtliff  and  wife,  dated  March  18,  1851, 
conveying  a  tract  of  land  in  Springfield,  with  roadway,  etc.     Re- 
corded in  Liber  159,  folio  139,  of  same  records. 

65.  Deed  from  the  Trustees  of  the  School  Funds,  etc.,  dated  August 
30,  1851,  conveying  strip  of  land  for  a  sidewalk.     Recorded  in  Liber 
166,  folio  95,  of  same  records. 

66.  Deed  from  Persis  Taylor,  dated  June  1,  1852,  conveying  a  tract 
of  land  in  Springfield.     Recorded  in  Liber  160,  folio  300,  of  same 
records. 

67.  Deed  from  the  Western  Railroad  Company,  dated  June  19, 
1852,  conveying  certain  water  rights,  easements,  etc.     Recorded  in 
Liber  166,  folio  96,  of  same  records. 

68.  Deed  from  George  Bliss  and  wife,  dated  July  8,  1856,  conveying 
4  acres  and  22.92  rods  of  land  upon  condition,  etc.     Recorded  in  Book 
183,  page  372,  of  same  records. 

69.  Deed  from  James  T.  Ames  and  wife,  dated  July  29,  1856,  .con- 
veying a  tract  of  land  in  Springfield.     Recorded  in  Liber  182,  folio 
514,  of  same  records. 

70.  Deed  from  Thomas  Knox  and  wife,  dated  October  15,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  13,  of  same  records. 

71.  Deed  from  Henry  J.  Fuller  and  wife,  dated  October  15,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  12,  of  same  records. 

72.  Deed  from  John  Ashley  and  wife,  dated  October  17,  1857,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in  Book 
193,  page  114,  of  same  records. 

73.  Deed  from  Hezekiah  Burt  and  wife,  dated  October  19,  1857, 
conveying  a  tract  of  land  to  raise  the  height  of  dam,  etc.     Recorded 
in  Book  193,  page  115,  of  same  records. 

74.  Deed  from  Harmony  A.  Fletcher,  dated  October  21,  1857,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in  Book 
193,  page  14,  of  same  records. 

75.  Deed  from  R.  S.  Austin  and  wife,  dated  October  31,  1857,  con- 
veying certain  tracts  of  land  to  raise  height  of  dam,  etc.     Recorded 
in  Book  193,  page  8,  of  same  records. 


192  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

76.  Deed  from  Samuel  Walker  and  wife,  dated  October  31,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  16,  of  same  records. 

77.  Deed  from  Philos  B.  Tyler  and  wife,  dated  November  2,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  10,  of  same  records. 

78.  Deed  from  Charles  G.  Rice  and  wife,  dated  November  4,  1857, 
conveying  the  right  to  flow  his  land  by  raising  dam  10  feet.     Re- 
corded in  Book  193,  page  14,  of  same  records. 

79.  Deed  from  Jonathan  Carlisle  and  wife,  dated  November  5, 
1857,  conveying  tracts  of  land  to  raise  height  of  dam,  etc.     Recorded 
in  Book  193,  page  59,  of  same  records. 

80.  Deed  from  Samuel  Aspinwall,  Guardian,  etc.,  dated  November 
12,  1857,  conveying  tracts  of  land  to  raise  height  of  clam,  etc.     Re- 
corded in  Book  193,  page  57,  of  same  records. 

81.  Deed  from  Elisha  Benton  et  al.,  dated  December  2,  1857,  con- 
veying lands  to  raise  height  of  dam,  etc.     Recorded  in  Book  193, 
page  112,  of  same  records. 

82.  Deed  from  The  City  of  Springfield,  dated  December  8,  1857, 
conveying  all  right  in  certain  highways  and  release  of  damage  by 
flowage,  etc.     Recorded  in  Book  193,  page  111,  of  same  records. 

83.  Deed  from  Seth  Thayer  and  wife,  dated  December  10,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  116,  of  same  records. 

84.  Deed  from  David  F.  Ashley  and  wife,  dated  December  15,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  132,  of  same  records. 

85.  Deed  from  Daniel  Gay  and  wife,  dated  December  24,  1857, 
conveying  a  tract  of  land  to  raise  height  of  dam,  etc.     Recorded  in 
Book  193,  page  133,  of  same  records. 

86.  Deed  from  Daniel  Charter  and  Avife,  dated  June  10,  1858,  con- 
veying a  tract  of  land  to  raise  height  of  dam,  etc.     Recprded  in  Book 
195,  page  127,  of  same  records. 

*87.  Deed  from  Edward  Ingersoll  and  wife,  dated  May  14,  1859, 
conveying  1  acre  of  land  with  privilege  of  erecting  a  Powder  Maga- 
zine with  right  of  way,  etc.  Recorded  in  Book  198,  page  153,  of  same 
records. 

88.  Deed  from  John  Ashley  and  wife,  dated  June  2,  1859,  convey- 
ing 41.88  rods  of  lancl  for  a  highway;  also  a  right  of  way  for  a  race 
way,  etc.     Recorded  in  Liber  199,  folio  11,  of  same  records. 

89.  Deed  from  Horace  Kibbe  and  wife,  dated  September  3,  1860, 
conveying  a  tract  of  land  in  Springfield  with  conditions.     Recorded 
in  Book  205,  page  480,  of  same  records. 

90.  Deed  from  R.  E.  Ladd  et  al.,  dated  July  16,  1863,  conveying  a 
right  of  way  and  privilege  of  laying  conduits,  etc.     Recorded  in 
Book  221,  page  212,  of  same  records. 

91.  Lease  for  ninety-nine  years,  etc.,  from  Henry  S.  Fuller,  dated 
December   13,   1864,   leasing   a   certain   described   tract  of  land   in 
Springfield.     Recorded  in  Book  230,  page  369,  of  same  records. 

92.  Deed  from  James  T.  Ames  and  wife,  dated  February  9,  1867, 
conveying  a  tract  of  land  in  Springfield.     Recorded  in  Book  245, 
page  436,  of  same  records. 


MASSACHUSETTS.  193 

93.  Deed  from  James  T.  Ames  and  wife,  dated  December  3,  1868, 
conveying  a  tract  of  land  in  Springfield.     Recorded  in  Book  259, 
page  448,  of  same  records. 

94.  Deed  from  R.  E.  Ladd  and  wife,  dated  December  17,  1868, 
conveying  a  tract  of  land  in  Springfield.     Recorded  in  Book  259, 
page  511,  of  same  records. 

95.  Deed  from  Edward  P.  Chapin  and  wrife,  dated  January  28, 
1869,  conveying  a  tract  of  land  in  Springfield.     Recorded  in  Book 
259,  page  147,  of  same  records. 

96.  Deed  from  Charles  Phelps  and  wife,  dated  August  2,  1870, 
conveying  3  acres  of  land  and  release  of  other  interests.     Recorded  in 
Book  274,  page  533,  of  same  records. 

For  jurisdiction  see  Fort  Independence.    See  Appendix,  page  475. 

Revocable  Licenses:  License  July  13,  1898,  to  Board  of  Public 
Works,  city  of  Springfield,  for  sewer  along  Mill  street. 

License  May  13,  1901,  to  same,  for  intercepting  sewer  around  north 
shore  of  Water  Shops  Pond. 

License,  July  27,  1907,  to  Springfield  Street  Ry.  Co.  for  tracks  on 
reservation. 

License,  June  21,  1909,  to  Springfield  Gas  Light  Co.  for  gas  mains 
on  Mill  street. 

FORT  STANDISH    (OLD). 

This  reservation  contains  an  area  of  6.9  acres,  and  is  situated  on 
Saquish  Neck  at  the  Northern  entrance  to  Plymouth  Harbor,  4  miles 
by  water  from  the  City  of  Plymouth,  in  Plymouth  County.  The 
title  is  as  follows: 

Deed  from  Samuel  Burgess  et  al.,  dated  June  10,  1870,  conveying 
the  tract  embraced  in  reservation.  Recorded  in  Book  366,  page  79, 
of  the  Registry  of  Deeds  of  Plymouth  County.  The  above  purchase 
made  by  virtue  of  an  act  of  Congress  approved  March  2,  1867. 

For  jurisdiction  see  Fort  Andrew. 

Lease  for  5  years,  from  April  25,  1906,  to  A.  S.  Wadsworth  of  the 
reservation  with  permission  to  erect  a  small  house  thereon. 

FORT  STANDISH   (NEW). 

This  reservation  comprises  all  of  Lovell's  Island,  in  Boston  Har- 
bor, Massachusetts.  Area:  about  62  acres.  For  title  and  jurisdic- 
tion, see  Fort  Warren. 

Under  date  of  October  15,  1902,  the  Secretary  of  War  transferred 
to  the  Treasury  Department  two  sites  for  range  lights,  and  one  site 
for  light -keeper's  dwelling;  with  privilege  of  use  of  the  wharf,  etc., 
on  the  reservation. 

FORT  STRONG. 

This  reservation  contains  an  area  of  about  64.804  acres,  of  which 
44.282  acres  are  above  mean  high  water  and  about  20.522  acres  flats. 
It  is  situated  in  Boston  Harbor  and  was  acquired  under  an  act  of 
Congress  entitled  "An  Act  to  authorize  the  entry  and  occupation  of  a 
portion  of  Long  Island  in  Boston  Harbor  for  military  purposes," 
approved  March  28,  1867.  The  title  is  as  follows : 

16809—10 13 


194  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

1.  Decree  of  condemnation  for  35.39  acres  in  case  of  the  United 
States  v.  James  T.  Austin  and  Loring  H.  Austin,  in  the  Superior 
Court  of  the  County  of  Suffolk,  Commonwealth  of  Massachusetts. 
Decree  rendered  May  27,  1869,  and  filed,  with  the  record  in  said 
cause,  in  the  Office  of  the  Clerk  of  said  Court. 

2.  Decree  of  condemnation  for  14.29  acres  and  shore  line,  in  case  of 
The  United  States  v.  Peter  Dunbar  and  Thomas  J.  Dunbar,  in  the 
Superior  Court  of  the  County  of  Suffolk,  Commonwealth  of  Massa- 
chusetts.    Decree  rendered  January  18,  1870,  and  filed,  with  the  rec- 
ord in  said  case,  in  the  Office  of  the  Clerk  of  said  Court. 

3.  Decree  of  condemnation  for  15.124  acres  in  cause  1087,  entitled 
"  The  United  States  v.  Certain  Land  on  Long  Island,"  in  the  District 
Court  of  the  United  States  for  the  District  of  Massachusetts.     Decree 
rendered  June  1,  1900,  and  filed  June  27,  1900,  in  Clerk's  Office  of 
said  Court. 

4.  Quit  Claim  Deed  from  the  City  of  Boston,  dated  June  25,  1900, 
conveying  above  15.124  acres.     Deed  Recorded  in  Liber  2698,  page 
440,  of  the  records  of  Suffolk  County. 

On  September  13,  1900,  The  War  Department  and  Treasury  De- 
partment exchanged  tracts  of  land  containing  1  acre  and  32  poles 
each  and  certain  rights  of  way,  in  order  to  prevent  injury  to  the 
light-house  by  the  firing  of  heavy  guns. 

Consent  to  the  purchase  or  condemnation  and  jurisdiction  ceded 
by  the  following  acts  of  the  General  Court,  etc.,  approved  June  4, 
1868,  which  provide  as  follows: 

"  SECTION  1.  The  consent  of  the  Commonwealth  is  hereby  granted 
to  the  United  States  to  purchase  a  tract  of  low  land  situated  on  Long 
Island  in  Boston  Harbor,  said  low  land  being  a  narrow  isthmus  con- 
necting the  East  Head  of  Long  Island  with  the  main  or  central  por- 
tion of  said  Island;  said  isthmus  belonging  to  T.  J.  Dunbar  and 
Peter  Dunbar,  Trustees,  comprising  by  estimation  about  ten  acres, 
for  the  erection  of  military  works  for  the  defense  of  said  harbor,  for 
the  erection  of  a  sea  wall  as  a  part  of  the  system  for  the  improvement 
of  said  harbor  for  commercial  purposes  and  for  the  purpose  of  pro- 
viding a  landing  place  for  convenience  in  reaching  the  said  East 
Head  of  Long  Island ;  and  the  consent  of  this  Commonwealth  is  also 
hereby  given  to  said  United  States  to  purchase,  occupy  and  fill  the 
flats  appurtenant  to  said  isthmus  for  the  aforesaid  objects,  and  to  the 
extent  of  four  hundred  yards  from  low-water  mark;  provided, 
always,  and  the  consent  aforesaid  is  granted  upon  the  express  condi- 
tion and  reservation  that  this  Commonwealth  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  tract  of  low  land, 
to  wit,  the  said  isthmus,  and  the  flats  aforesaid,  for  the  service  of  all 
civil  process  and  such  criminal  processes  as  may  issue  under  the 
authority  of  the  Commonwealth  against  any  person  or  persons 
charged  with  crimes  or  offences  against  the  laws  of  this  Common- 
wealth, committed  without  the  said  tract  of  low  land,  to  wit,  the  said 
isthmus  and  flats,  and  that  said  civil  and  criminal  processes  may  be 
executed  thereon  in  the  same  way  and  manner,  and  with  the  same 
effect,  as  if  the  consent  aforesaid  had  not  been  granted. 

(Section  2  provides  for  condemnation  in  case  of  a  failure  of  agree- 
ment of  sale  and  purchase.  Act  approved  June  4,  1848,  Chapter 
292.) 


MASSACHUSETTS.  195 

"  SECTION  1.  The  consent  of  this  Commonwealth  is  hereby  granted 
to  the  United  States  to  purchase  a  tract  of  upland  situated  on  Long 
Island  in  Boston  Harbor,  and  known  as  the  East  Head  of  Long 
Island,  belonging  to  James  T.  Austin  and  Loring  H.  Austin,  com- 
prising, by  estimation,  about  twenty-four  acres,  for  the  erection  of 
military  works  for  the  defense  of  said  harbor,  and  for  the  erection  of 
a  sea  wall  as  a  part  of  the  system  for  the  improvement  of  said  harbor 
for  commercial  purposes,  and  to  purchase,  occupy  and  fill  the  flats 
appurtenant  to  said  tract  for  the  aforesaid  objects,  and  to  the  extent 
of  four  hundred  yards  from  low-water  mark;  provided,  always,  and 
the  consent  aforesaid  is  granted  upon  the  express  condition  and  reser- 
vation that  this  Commonwealth  shall  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  tract  of  upland  and  the  flats 
aforesaid,  for  the  service  of  all  civil  process  and  of  such  criminal 
processes  as  may  issue  under  the  authority  of  the  Commonwealth 
against  any  person  or  persons  charged  with  crimes  or  offences  against 
the  laAvs  of  this  Commonwealth,  committed  without  the  said  tract  of 
uplands  and  flats,  and  that  said  civil  and  criminal  processes  may  be 
executed  thereon  in  the  same  way  and  manner  and  with  the  same 
effect  as  if  the  consent  aforesaid  had  not  been  granted." 

(Section  2  provides  for  condemnation  in  case  of  failure  of  agree- 
ment of  sale  and  purchase.  Act  approved  June  4,  1868,  Chapter 
293.) 

See  also  Act  approved  March  28,  1900. 

Revocable  Licenses:  License,  January  26,  1884,  to  the  Treasury 
Department  to  occupy  a  portion  of  the  reservation  with  the  buildings 
thereon  for  light  house  purposes.  Location  changed,  September  13, 
1900. 

License,  November  22,  1887,  to  the  New  England  Telephone  and 
Telegraph  Company  to  maintain  and  use  a  telephone  line  upon  the 
reservation. 

License  February  6,  1900,  to  the  city  of  Boston  to  land  a  subma- 
rine cable  on  the  reservation  to  connect  the  quarantine  station  at 
Gallop's  Island  with  the  city  of  Boston. 

License,  January  23,  1902,  to  the  city  of  Boston  to  lay  a  12-inch 
water  main  on  the  reservation. 


FORT    WARREN. 

This  reservation  contains  an  area  of  about  28  acres  and  includes  the 
whole  of  Georges  Island,  in  Suffolk  County.  It  is  situated  near  the 
outlet  entrance  to  Boston  Harbor,  and  is  about  7-J  miles  from  the  City 
of  Boston  by  the  main  ship  channel.  The  title  is  as  follows : 

Deed  from  the  City  of  Boston,  dated  June  22,  1825,  conveying 
George's  and  Lovell's  Islands.  Recorded  in  Liber  301,  folio  9,  of  the 
deed  records  of  Suffolk  County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  passed  February  7,  1846,  which  provides  as  follows: 

"  SECTION  1.  Jurisdiction  is  hereby  granted  and  ceded  to  the  United 
States  over  two  islands  in  Boston  harbor,  known  as  George's  Island 
and  Lovell's  Island,  upon  the  former  of  which  the  United  States  are 
erecting  works  of  fortification  known  as  Fort  Warren. 


196  UNITED    STATES   MILITARY   RESERVATIONS,   ETC. 

"  SEC.  2.  The  consent  of  this  Commomvealth  is  hereby  granted  to 
the  United  States  to  purchase  an  island  in  the  harbor  of  Boston, 
called  Governor's  Island,  for  the  purpose  of  erecting  thereon  forts, 
magazines,  arsenals,  dockyards,  and  other  needful  buildings;  the  evi- 
dence of  the  purchase  aforesaid  to  be  entered  and  recorded  in  the 
registry  of  deeds,  in  the  county  of  Suffolk,  and  Commonwealth  of 
Massachusetts;  and  the  jurisdiction  over  the  said  Governor's  Island 
is  hereby  granted  and  ceded  to  the  United  States:  Provided,  always, 
and  the  cession  and  consent  aforesaid  are  granted  upon  the  express 
condition  that  this  Commonwealth  shall  retain  a  concurrent  juris- 
diction with  the  United  States  in  and  over  the  islands  aforesaid,  so 
far  as  that  all  civil  processes,  and  such  criminal  processes  as  may  issue 
under  the  authority  of  this  Commonwealth  against  any  person  or 
persons  charged  with  crimes  committed  without  the  said  islands,  may 
be  executed  therein  in  the  same  way  and  manner  as  though  this  ces- 
sion and  consent  had  not  been  made  and  granted. 

"  SEC.  3.  The  property  over  which  jurisdiction  is  granted  by  this 
act  shall  be  exonerated  and  discharged,  from  all  taxes  and  assess- 
ments which  may  be  laid  or  imposed  under  the  authority  of  this  Com- 
monwealth, while  the  said  islands  shall  remain  the  property  of  the 
United  States,  and  shall  be  used  for  the  purposes  intended  by  this 
act." 

WATERTOWN    ARSENAL. 

This  reservation  contains  an  area  of  about  87.4  acres,  and  is  situ- 
ated at  Watertown,  in  Middlesex  County.  The  title  is  as  follows: 

1.  Deed  from   Thomas  Learned   and  wife,  dated   September  23, 
1816,  conveying  20  acres  3  roods  and  39  poles  of  land.     Recorded  in 
Book  219,  page  56,  of  the  deed  records  of  Middlesex  County. 

2.  Decree  of  condemnation  for  six  parcels,  aggregating  19  acres 
1  rood  and  4  perches  of  land,  adjoining  land  purchased  from  Learned, 
in  case  of  the  United  States  v.  John  Baxter  et  al.,  in  the  Circuit  Court 
of  Common  Pleas  for  the  Middle  Circuit  for  the  County  of  Middle- 
sex.    Decree  rendered  October  23,  1816,  and  filed  with  the  record  in 
said  cause  in  the  Clerk's  office  of  said  Court  at  Concord,  in  said 
County. 

3.  Deed  from  Jonathan  Child  et  al.,  dated  July  28, 1830,  conveying 
3  acres  3  roods  and  13  rods  of  land.     Recorded  in  Boolt  299,  page 
324,  of  the  deed  records  of  Middlesex  County. 

4.  Deed  from  John  Baxter  et  al.,  dated  September  28,  1830,  con- 
veying 1  rood  8  poles  and  354  square  links  of  land.     Recorded  in 
Book  298,  page  514,  of  same  records. 

5.  Decree  of  condemnation  of  same  tract,  in  case  of  the  United 
States  v.  Elizabeth  Bates  et  al.,  before  the  County  Commissioners  at 
Cambridge,  in  Middlesex  County.     Decree  rendered  and  filed  with 
the  record  in  the  office  of  the  County  Commissioners  at  Cambridge, 
in  Middlesex  County,  March  30,  1831. 

6.  Deed  from  Thomas  Learned  and  wife,  dated  April  15,  1839, 
conveying  10  acres  of  land.     Recorded  in  Book  381,  page  296,  of  the 
deed  records  of  Middlesex  County. 

7.  Deed  from  William  Sears  and  wife,  dated  September  23,  1867, 
conveying  44  acres  of  land.     Recorded  in  Book  1018,  page  230,  of 
same  records. 


MASSACHUSETTS.  197 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  June  17,  1816,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  Common- 
wealth be,  and  hereby  is,  granted  to  the  United  States,  to  purchase  a 
tract  of  land  not  exceeding  sixty  acres,  situated  in  the  town  of  Water- 
town,  in  the  county  of  Middlesex,  on  the  left  bank  of  Charles  River, 
about  one  mile  below  the  Watertown  bridge,  so  called,  for  the  purpose 
of  erecting  forts,  magazines,  arsenals,  dock  yards,  and  other  needful 
buildings;  the  evidence  of  the  purchase  aforesaid  to  be  entered  and 
recorded  in  the  registry  of  deeds  in  the  said  county  of  Middlesex: 
Provided  always,  And  the  consent  aforesaid  is  granted  upon  the 
expressed  condition  that  this  Commonwealth  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  tract  of  land 
aforesaid,  so  far  as  that  all  civil  and  such  criminal  processes  as  may 
issue  under  the  authority  of  this  Commonwealth  against  any  person 
or  persons  charged  with  crimes  committed  without  the  said  tract  of 
land  may  be  executed  therein,  in  the  same  way  and  manner  as  though 
this  consent  had  not  been  made  or  granted." 

Easement:  Deed  of  the  Secretary  of  War,  dated  May  19,  190G, 
under  Act  of  Congress  approved  April  28,  1904  (33  Stat.  L.,  490), 
conveying  to  the  Commonwealth  of  Massachusetts  certain  land  for 
a  right-of-way  for  park  drive  along  the  Charles  River. 

Revocable  Licenses:  License,  December  28,  1894,  to  the  New  Eng- 
land Telephone  and  Telegraph  Company  to  maintain  and  use  its  line 
of  poles  already  constructed  on  the  reservation. 

License,  October  28,  1904,  to  Town  of  Watertown  to  lay  and  main- 
tain a  drain  through  the  arsenal  grounds. 

FORT  WINTHROP. 

This  reservation  embraces  the  whole  of  what  is  known  as  Gov- 
ernor's Island,  situated  in  Boston  Harbor,  and  contains  72  acres.  The 
title  is  as  follows : 

1.  Deed  from  James  Winthrop,  dated  May  18,  1808,  conveying  6 
acres  of  Governor's  Island.    Recorded  in  Liber  225,  folio  193,  of  the 
deed  records  of  Suffolk  County. 

2.  Quit  claim  deed  from  Charles  A.  Bigelow  and  wife,  dated  Feb- 
ruary 23,  1846,  conveying  all  interest  in  Governor's  Island.     Deed 
recorded  in  Liber  558,  folio  1,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature,  approved  June  25,  1798,  and  February  7,  1846,  (See  acts 
under  Fort  Independence  and  Fort  Warren),  and  by  the  following 
act,  passed  March  12,  1808  : 

"Be  it  enacted,  etc.,  That  all  the  provisions  in  the  act,  to  which 
this  act  is  in  addition,  relative  to  the  purchase,  jurisdiction,  and  ten- 
ure of  Governor's  Island,  in  the  harbor  of  Boston,  shall  be  construed 
to  extend,  and  shall  extend  to  any  part  or  portion  of  said  Island, 
which  may  be  selected  or  designated  on  the  part  and  behalf  of  the 
United  States,  by  their  proper  officers,  for  the  purposes  expressed  in 
said  act:  Provided,  however,  That  all  those  parts  of  said  Island, 
which  shall  not  be  taken  to  the  use  of  the  United  States  within  two 
years  from  the  passing  of  this  act,  shall  remain  free  from  any  claim 
of  the  United  States,  in  virtue  of  the  act  to  which  this  is  in  addition." 


198  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

MEXICO. 

MEXICO    NATIONAL    CEMETERY". 

This  burial  site  contains  2  acres  and  is  situated  near  the  City  of 
Mexico,  at  San  Cosme.  The  grounds  were  purchased  pursuant  to  an 
act  of  Congress  approved  September  28,  1850,  for  a  cemetery  or 
burial  ground  for  such  officers  and  soldiers  of  the  United  States 
Army  in  the  war  with  Mexico  as  fell  in  battle  or  died  in  and  around 
said  city,  and  for  the  interment  of  American  citizens  who  have  died 
or  may  die  in  said  city.  The  title  is  as  follows : 

Deed  from  Don  Manuel  Lopez,  dated  June  26,  1851,  conveying  said 
tract.  Recorded  at  the  City  of  Mexico,  and  a  copy  placed  on  file  in 
the  United  States  Legation  in  that  city. 

MICHIGAN. 

GENERAL   ACT    OF   CESSION. 

"  SECTION  1.  That  the  United  States  of  America  shall  have  power 
to  purchase,  or  to  condemn,  in  the  manner  prescribed  by  its  laws, 
upon  making  just  compensation  therefor,  any  land  in  the  State  of 
Michigan  required  for  custom-houses,  arsenals,  light-houses,  National 
Cemeteries,  or  for  other  purposes  of  the  government  of  the  United 
States. 

"  SEC.  2.  The  United  States  may  enter  upon  and  occupy  any  land 
which  may  have  been  or  may  be  purchased  or  condemned,  or  other- 
wise acquired,  and  shall  have  the  right  of  exclusive  legislation  and 
concurrent  jurisdiction  together  with  the  State  of  Michigan,  over 
such  land  and  the  structures  thereon,  and  shall  hold  the  same  exempt 
from  all  State,  county,  and  municipal  taxation."  (Act  of  March  21, 
1874.  Compiled  Laws,  1897,  Vol.  1,  p.  451.) 

FORT  BRADY. 

This  reservation  contains  about  73  acres,  with  metes  and  bounds 
as  given  in  G.  O.  No.  99,  W.  D.,  May  28,  1906.  It  is  situated  west  of 
and  adjoining  the  city  of  Sault  Ste.  Marie,  in  Chippewa  County. 
The  land  was  acquired  under  the  provisions  of  an  Act  of  Congress 
approved  July  8,  1886.  The  title  is  as  follows : 

1.  Deed  from  Thomas  Ryan  and  wife,  dated  December  18,  1886, 
conveying  80  acres  with  exceptions.    Recorded  in  Liber  19,  page  340, 
of  the  deed  records  of  Chippewa  County. 

2.  Quitclaim  deed  from  the  city  of  Sault  Ste.  Marie,  dated  May 
22,  1888,  conveying  certain  streets,  roads,  etc.    Recorded  in  Liber  17, 
page  581,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  Licenses:  License,  September  7,  1900,  to  the  town  of 
Sault  Ste.  Marie  to  maintain  a  street  across  the  northwest  corner  of 
the  reservation. 

License,  March  9,  1906,  to  the  Michigan  State  Telephone  Company, 
for  private  telephone  service. 


MICHIGAN.  199 

TARGET    RANGE     (FORT   BRADY). 

This  reservation  contains  2,960  acres  more  or  less.  It  was  reserved 
and  set  apart  for  a  rifle  range  and  other  military  purposes  in  connec- 
tion with  the  post  of  Fort  Brady,  by  Executive  Order,  dated  Janu- 
ary 19,  1895. 

For  jurisdiction  see  General  Act  of  Cession. 

LAKESIDE    CEMETERY. 

This  burial  ground  contains  about  12,000  square  feet  of  ground.  It 
is  situated  at  Port  Huron,  in  St.  Clair  County.  The  title  is  as  fol- 
lows : 

Deed  from  the  city  of  Port  Huron,  dated  October  14,  1881,  con- 
veying Lots  144  to  159,  inclusive.  Recorded  in  the  office  of  the  City 
Clerk  of  Port  Huron. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   MACKIXAC. 

This  reservation  originally  contained  about  2  square  miles,  and  is 
situated  in  the  southeastern  part  of  Mackinac  Island  in  the  straits  of 
the  same  name.  It  was  reduced  by  the  survey  establishing  the 
national  park  on  that  island  in  1875  to  103.4  acres. 

Originally  established  by  the  British  in  1780,  it  was  ceded  to  the 
United  States  by  treaty  in  1795.  In  1812  the  fort  was  captured  by 
the  British  and  in  1814  the  United  States  forces  were  defeated  in  an 
attempt  to  recapture  it.  In  the  spring  of  1815  it  was  surrendered  to 
the  United  States  and  continued  to  be  occupied  for  military  purposes 
practically  the  whole  time  until  it  was  turned  over  to  the  State 
of  Michigan  for  the  purposes  of  a  public  park,  under  authority  of 
Act  of  Congress,  dated  March  21,  1895  (28  Stats.  L.,  946).  This 
Act  provides  that  if  the  reservation  shall  cease  to  be  used  for  such 
purposes,  or  is  used  for  any  other  purposes,  it  shall  revert  to  the 
United  States. 

MACKINAC    ISLAND    NATIONAL   PARK. 

This  reservation  consists  of  so  much  of  the  island  as  was  formerly 
held  by  the  United  States  under  military  reservation  or  otherwise 
(excepting  the  Fort  Mackinac  and  so  much  of  the  reservation  thereof 
as  bounds  it  to  the  south  of  the  village  of  Mackinac,  and  to  the  west, 
north  and  east  respectively  by  lines  drawn  north  and  south,  east  and 
west,  at  a  distance  from  the  flag  pole  of  400  yards). 

Title  was  acquired  by  Treaty  with  Great  Britain  about  1795.  The 
reservation,  said  to  have  been  declared  by  the  President,  November 
8,  1827,  was  set  apart  as  a  national  public  park  for  health,  comfort 
and  pleasure,  for  the  benefit  and  enjoyment  of  the  people,  by  Act  of 
Congress  approved  March  3,  1875.  (18  Stats.  L.,  517).  It  was 
turned  over  to  the  State  of  Michigan  for  the  purposes  of  a  public 
park,  under  authority  of  Act  of  Congress,  dated  March  21,  1895 
(28  Stats.  L.,  946).  This  Act  provides  that  if  the  reservation  shall 
cease  to  be  used  for  such  purposes,  or  is  used  for  any  other  purposes, 
it  shall  revert  to  the  United  States. 


200  UNITED   STATES   MILITAKY  RESERVATIONS,   ETC. 

MILITIA   TARGET   RANGES! 

Ann  Arbor  Target  Range.  This  range  is  situated  near  the  city 
of  Ann  Arbor,  in  Washtenaw  County,  and  comprises  an  area  of 
about  10.5  acres.  The  title  is  as  follows  : 

1.  Deed  from  Frederick  H.  Aprill,  et  ux.,  dated  July  13,  1908,  con- 
veying 5.5  acres.    Recorded  in  Liber  176,  page  7,  of  the  Deed  Rec- 
ords of  Washtenaw  County. 

2.  Deed  from  Henry  Shwab,  et  ux.,  dated  July  13,  1908,  convey- 
ing 5  acres,  more  or  less.     Recorded  in  Liber  176,  page  6,  of  same 
records. 

3.  Deed  from  the  Ann  Arbor  Savings  Bank,  dated  July  14,  1908, 
releasing  mortgage   on   property   conveyed  by   deed   No.   2,  supra. 
Recorded  in  Liber  11,  Discharge  and  Release  of  Mortgages,  page  556, 
of  same  records. 

Big  Rapids  Target  Range.  This  range  is  situated  near  the  city 
of  Big  Rapids,  in  Mecosta  County,  and  comprises  an  area  of  about  25 
acres.  The  title  is  as  follows: 

1.  Deed   from    Sarah   E.   Escott,   guardian,   datqd   December  28, 
1908;   and  deed  from  Eli  V.  Falardeau,  et  al.,  dated  December  31, 
1908,  conveying  23.50  acres.     Recorded,  respectively,  in  Liber  94, 
page  267,  and  Liber  98,  page  239,  of  the  Deed  Records  of  Mecosta 
County. 

2.  Deed  from  Andrew  Smith,  unmarried,  dated  March  15,  1909, 
conveying  1.54  acres.     Recorded  in  Liber  98,  page  214,  of  same 
records. 

Detroit  Target  Range.  This  range  is  situated  near  the  city  of 
Detroit,  in  Wayne  County,  and  comprises  an  area  of  101.64  acres. 
The  title  is  as  follows: 

1.  Deed  from  The  Dime  Savings  Bank,  dated  May  4,  1907,  con- 
veying 70.13  acres.    Recorded  in  Liber  701,  page  74,  of  the  Deed  Rec- 
ords of  Wayne  County. 

2.  Deed  from  John  Vanderven,  et  ux.,  dated  May  1,  1907,  convey- 
ing 21.36  acres.    Recorded  in  Liber  691,  page  14,  of  same  records. 

3.  Deed  from  Antoine  Maier,  et  ux.,  dated  Mav  1,  1907,  conveying 
10.15  acres.     Recorded  in  Liber  691,  page  11,  of  same  records. 

Flint  Target  Range.  This  range  is  situated  near  the  city  of  Flint, 
in  Genesee  County,  and  comprises  an  area  of  80  acres.  The  title  is 
as  follows : 

Deed  from  Fred  N.  Foote,  et  nx.,  dated  June  28,  1909,  conveying 
above  tract.  Recorded  in  Liber  203,  page  467,  of  the  Deed  Records 
of  Genesee  County. 

Grand  Rapids  Target  Range.  This  range  is  situated  near  the  city 
of  Grand  Rapids,  in  Kent  County,  and  comprises  an  area  of  118.6 
acres.  The  title  is  as  f ollows : 

1.  Deed  from  The  Grand  Rapids  Savings  Bank,  dated  March  19, 
1907,  conveying  41  acres.     Recorded  in  Liber  357,  page  367,  of  the 
Deed  Records  of  Kent  County. 

2.  Deed  from  the  Grand  Rapids  Battalion,  dated  March  20,  1907, 
conveying  77.6  acres.     Recorded  in  Liber  352,  page  389,  of  same 
records. 

3.  Quitclaim  deed  from  Delia  G.   Bailey,  et  al.,  dated  April  1, 
1907,  conveying  same  premises  covered  by  deed  No.  2,  supra.     Re- 
corded in  Liber  352,  page  390,  of  same  records. 


MICHIGAN.  201 

Kalamazoo  Target  Range.  This  range  is  situated  in  Kalamazoo 
County,  and  comprises  an  area  of  10  acres.  The  title  is  as  follows: 

Deed  from  Frederick  Shillito,  et  ux.,  dated  December  24, 1908,  con- 
veying 10  acres.  Recorded  in  Liber  146,  page  337,  of  the  Deed  Rec- 
ords of  Kalamazoo  County. 

Saginaio  Target  Range.  This  range  is  situated  near  the  city  of 
Saginaw,  in  Saginnw  County;  and  comprises  an  area  of  about  26.75 
acres.  The  title  is  as  follows: 

Deed  from  Robert  V.  Mundy,  et  al.<  dated  January  8,  1909,  con- 
veying about  26.75  acres..  Recorded  in  Liber  264,  page  218,  of  the 
Deed  Records  of  SaginaAv  County. 

FORT   WAYNE. 

This  reservation  contains  an  area  of  about  65  acres  with  metes  and 
bounds  as  announced  in  G.  O.  No.  99,  W.  D.,  May  28,  1906.  It  is 
situated  on  the  Detroit  River,  in  Wayne  County,  near  the  City  of 
Detroit.  The  title  is  as  follows : 

1.  Quit  claim  deed  from  Robert  A.  Forsyth  and  wife,  dated  June 
3,  1842,  conveying  23.36  acres.     Recorded  in  Liber  21,  folio  401,  etc., 
of  the  deed  records  of  Wayne  County. 

2.  Deed  from  Benjamin  B.  Kercheval  and  wife,  dated  June  3,  1842, 
conveying  23.36  acres.     Recorded  in  Liber  21,  folio  402,  etc.,  of  same 
records. 

3.  Deed  from  William  Dwight  and  wife,  dated  April  15,  1844,  con- 
veying 41.86  acres.     Recorded  in  Liber  24,  folio  394,  etc.,  of  same 
records. 

4.  Deed  from  Arthur  J.  Robertson,  dated  October  7,  1844,  convey- 
ing 7.48  acres.     Recorded  in  Liber  24,  folio  394,  etc.,  of  same  records. 

In  order  to  establish  the  western  boundary  of  the  reservation,  the 
Secretary  of  War,  under  authority  of  Act  of  Congress,  approved 
April  28,  1904  (33  Stats.  L.,  497),  executed  a  quit-claim  deed  under 
date  of  September  1,  1904,  to  the  Detroit  Edison  Company,  relin-" 
quishing  all  claim  to  lands  west  of  the  line  agreed  upon ;  the  Detroit 
Edison  Company  executing  the  following  deed  for  all  lands  east  of 
said  line : 

5.  Quit  claim  Deed  from  the  Detroit  Edison  Company,  dated  July 
2,  1904.     Recorded  in  Libro  587  of  Deeds,  page  414,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
legislature  approved  February  9,  1842,  which  provides  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  the  State 
be,  and  the  same  is  hereby  ceded  to  the  United  States,  over  any  tract 
of  land,  not  exceeding  two  hundred  acres,  that  may  be  purchased  by 
the  United  States,  for  the  purpose  of  erecting  thereon  a  fortification 
for  the  defense  of  Detroit :  Provided,  That  if  in  the  execution  of  the 
work  for  which  the  said  cession  is  made  it  should  become  necessary  to 
vacate  any  road  or  highway  now  running  through  the  said  land, 
another  road  or  highway  of  equal  width,  ranging  as  little  as  may  be, 
consistent  with  the  military  object  in  view,  from  the  present  route  of 
said  road  or  highway,  shall  be  opened  and  put  in  good  condition  for 
traveling,  at  the  expense  of  the  United  States." 

See  also  General  Act  of  Cession. 


202  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

Revocable  Licenses:  License,  November  IT,  1902,  to  the  Detroit  City 
Gas  Company  to  lay  and  maintain  its  gas  mains  within  the  reserva- 
tion. 

License,  November  5,  1908,  to  Michigan  State  Telephone  Co.  for 
telephone  line. 

License,  Oct.  27,  1909.  to  Edison  Illuminating  Company  for  elec- 
tric line  to  furnish  electric  current  to  the  Post. 

MINNESOTA. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Minnesota  is  hereby  given,  in  accordance  with  the  seventeenth  clause, 
eighth  section  of  the  first  article  of  the  constitution  of  the  United 
States,  to  the  acquisition  by  the  United  States,  by  purchase,  con- 
demnation or  otherwise,  of  any  land  in  this  state  required  for  custom 
houses,  court  houses,  post  offices,  arsenals,  or  other  public  buildings 
whatever,  or  for  any  other  purposes  of  the  government. 

"  SECTION  2.  That  exclusive  jurisdiction  in  and  over  any  land  so 
acquired  by  the  United  States  shall  be,  and  the  same  is  hereby  ceded 
to  the  United  States,  for  all  purposes  except  the  service  of  all  civil 
and  criminal  process  of  the  courts  of  this  state,  but  the  jurisdiction  so 
ceded  shall  continue  no  longer  than  the  said  United  States  shall  own 
such  lands. 

"  SECTION  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United 
States  shall  have  acquired  the  title  to  the  said  lands  by  purchase,  con- 
demnation or  otherwise;  and  so  long  as  the  said  lands  shall  remain 
the  property  of  the  United  States  when  acquired  as  aforesaid,  and  no 
longer,  the  same  shall  be  and  continue  exempt  and  exonerated  from 
all  state,  county  and  municipal  taxation,  assessment,  or  other  charges 
which  may  be  levied  or  improved  under  the  authority  of  this  state.'1 

(Approved  March  22,  1899.  General  Laws  of  Minn.,  1899,  p.  85, 
ch.  83.) 

FORT   SNELLING. 

This  reservation,  originally  called  Fort  St.  Anthony,  contains 
about  2,381.75  acres,  with  metes  and  bounds  as  given  in  G.  O.  No. 
34,  W.  D.,  March  14,  1908.  It  is  situated  on  the  crest  of  a  bluff 
formed  by  the  junction  of  the  valleys  of  the  Mississippi  and  Minne- 
sota Rivers.  The  reservation  was  originally  obtained  by  treaty  with 
the  Sioux  Indians  in  1805,  ratified  by  the  Senate  in  1808.  By  Act  of 
August  26,  1852,  the  reservation  was  defined  and  reduced.  On  May 
25,  1853,  the  President  set  aside  a  reservation  of  7,000  acres,  which 
was  reduced  to  0,000  acres  the  November  following.  It  was  first 
garrisoned  in  1822,  and  continued  so  until  1856.  The  reservation 
except  two  small  tracts  was  sold  June  6,  1857,  to  Franklin  Steele,  but 
payment  not  having  been  made  according  to  terms  of  sale,  and  no 
conveyance  having  been  made,  the  United  States  entered  into  posses- 
sion and  occupancy  of  the  reservation,  April  23,  1861.  Pursuant  to 
Act  of  May  7,  1870,  a  reservation  of  1,531.21  acres  was  set  apart  and 
settlement  was  made  with  Mr.  Steele  by  which  he  released  all  claims 
thereto  in  consideration  of  release  of  balance  of  purchase  money  and 
conveyance  to  him  of  remainder  of  original  reservation. 


MINNESOTA.  203 

An  addition  for  Target  Range  was  acquired  by  expropriation  pro- 
ceedings in  the  United  States  District  court  for  the  District  of  Min- 
nesota, under  decree  of  March  22,  1905 ;  filed  March  23,  1905,  and 
recorded  in  Volume  9  of  Term  minutes  of  said  Court  at  pages  134- 
136.  The  addition  contains  about  850  acres,  exclusive  of  the  "  Bloom- 
ington  Road  to  St.  Paul."  See  G.  O.  Xo.  67,  W.  D.,  May  3,  1905. 

A  further  addition  of  0.5-4.  acre  was  acquired  by  deed  from  Rosa 
P.  Vincent,  unmarried,  dated  November  27,  1906 ;  and  deed  from  the 
Long  Meadow  Gun  Club,  dated  December  1,  1906;  both  recorded  in 
Book  632  of  Deeds,  page.  104,  Office  of  Register  of  Deeds,  Hennepin 
County. 

A  bridge  site  consisting  of  Lots  20,  22,  23,  and  part  of  Lots  28  and 
32,  in  F.  Steele's  subdivision  of  Lot  2,  section  21,  in  St.  Paul,  Minne- 
sota, was  acquired  as  follows : 

1.  Deed   from   Rosa   P.   Vincent,  widow,   dated   April   29,   1907. 
Recorded  in  Book  519  of  Deeds,  page  567,  Office  of  Register  of  Deeds, 
Ramsey  County. 

2.  Deed  from  Katherine  B.  Appleby,  widow,  dated  April  29,  1907. 
Recorded  in  Book  519,  page  581,  of  same  records. 

3.  Deed  from  Caroline  H.  Addison,  et  rir,  dated  April  29,  1907. 
Recorded  in  Book  519,  page  566,  of  same  records. 

4.  Decree  of  United  States  District  Court,  May  23,  1908.     Filed 
in  Book  541  of  Deeds,  page  193,  of  same  records. 

5.  Condemnation  proceedings  in  the  U.  S.  District  Court,  District 
of  Minnesota,  in  re  easement  in  lands  in  the  county  of  Hennepin,  for 
bridge  purposes,  between  the  reservation  and  the  city  of  St.  Paul,  on 
the  right  of  way  of  the  Chicago,  Milwaukee  and  St.  Paul  Railway 
Compamr.     Decree  rendered  October  6,  1909,  and  filed  on  same  date 
in  Office  of  Clerk  of  said  court.     Recorded  in  Book  123  of  Misc., 
p.  573,  Office  of  Register  of  Deeds,  Hennepin  County,  Minnesota. 

For  jurisdiction  see  General  Act  of  Cession. 

Easement:  Act  of  Congress,  approved  June  20,  1878,  provided  for 
the  building  of  a  bridge  across  the  Mississippi  River  to  abut  upon  the 
reservation,  and  for  a  right  of  way  across  the  reservation  to  said 
bridge. 

The  Chicago,  Milwaukee  and  St.  Paul  Railway  Company  owns  in 
fee  a  right  of  way  through  the  reservation,  which  was  acquired  prior 
to  Act  of  May  7/1870. 

Revocable  'Licenses:  License;  April  13,  1905,  to  The  Minneapolis 
Street  Railroad  Company  for  an  electric  street  railway. 

License;  May  13,  1909,  to  the  Minneapolis  Street  Railway  Com- 
pany to  construct  an  extension  of  its  tracks  on  the  reservation. 

ST.    PAUL   QUARTERMASTER   AND    COMMISSARY    DEPOT. 

This  reservation  contains  an  area  of  about  15,500  square  feet  of 
ground,  and  is  situated  in  St.  Paul  proper,  being  Lot  3  and  part  of 
Lot  4  of  Block  31.  The  property  was  acquired  under  an  Act  of  Con- 
gress approved  August  7,  1882,  and  the  title  is  as  follows : 

Deed  from  the  city  of  St.  Paul,  dated  August  19,  1882,  conveying 
Lot  3  and  part*  of  Lot  4  in  Block  31,  in  St.  Paul  proper.  Recorded 
in  Book  111,  pages  19-£  to  197,  of  the  deed  records  of  Ramsey  County 
at  St.  Paul. 


204  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

Jurisdiction  was  supposed  to  have  been  ceded  to  the  United  States 
l>v  an  act  of  the  State  Legislature  approved  February  26,  1883,  but 
the  cession  was  later  declared  by  the  Attorney  General  of  the  United 
States  to  be  of  no  effect,  and  it  was  accordingly  superseded  by  the 
Act  of  March  22,  1899,  for  which  see  General  Act  of  Cession. 

Revocable  License:  October  5, 1904,  to  Farwell,  Ozman,  Kirk  &  Co., 
for  temporary  excavation  and  extension  of  footings,  at  a  depth  of 
about  twenty  feet,  over  boundary,  so  much  of  the  material  as  is 
placed  in  the  soil  of  the  United  States  to  become  the  property  of  the 
United  States. 

MISSISSIPPI. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  2395.  The  governor  upon  application  made  to  him  in 
writing  on  behalf  of  the  United  States  for  the  purpose  of  acquiring 
and  holding  lands,  or  using  any  part  of  a  public  road  of  any  county 
within  the  limits  of  this  state  for  the  purpose  of  making,  building  or 
constructing  levees,  canals  or  any  other  works  in  connection  with  the 
improvement  of  rivers  and  harbors,  or  as  a  site  for  a  fort,  magazine, 
arsenal,  dock  yard,  court  house,  custom  house,  light  house,  post  office, 
or  other  needful  building,  or  for  the  purpose  of  locating  and  main- 
taining national  military  parks,  or  for  any  other  public  works  or  pur- 
poses, accompanied  by  proper  evidence  of  the  purchase  of  such  lands, 
or  the  consent  of  the  board  of  supervisors  of  the  proper  county  for 
such  public  roads  to  be  used  for  said  purpose,  is  authorized  for  the 
state  to  cede  jurisdiction  thereof  to  the  United  States  for  the  purpose 
of  the  cession  and  none  other."  (Section  2395,  Annotated  Code  of 
Mississippi,  190G,  embodying  section  2178  of  Code  of  1892,  as  amended 
in  1894,  in  1896,  and  by  Chapter  67,  Acts  of  1900.) 

2396.  The  concession  of  jurisdiction  to  the  United  States  over  any 
part  of  the  territory  of  the  state,  heretofore  or  hereafter  made,  shall 
not  prevent  the  execution  on  such  land  of  any  process,  civil  or  crimi- 
nal, under  the  authority  of  this  state,  nor  prevent  the  laws  of  this 
state  from  operating  over  such  land;  saving  to  the  United  States 
security  to  its  property  writhin  the  limits  of  the  jurisdiction  ceded,  and 
exemption  of  the  same,  and  of  such  land  from  taxation  under  the  au- 
thority of  this  state  during  the  continuance  of  the  cession.  (Section 
2396,  idem,  embodying  section  2179,  of  Code  of  1892.) 

CORINTH  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  20  acres,  and  is  situated  at 
Corinth,  in  Alcorn  County.  The  title  is  as  follows : 

1.  Deed  from  Calvin  F.  Vance  and  wife,  et  al.,  dated  February  1, 
1868,  conveying  20  acres  of  land,  by  metes  and  bounds,  being  a  por- 
tion of  Section  12,  Township  2,  of  Range  7  East,  etc.     Recorded  in 
Deed  Book  B  B,  page  351,  etc.,  of  the  deed  records  of  Tishomingo 
County. 

2.  Deed  from  M.  A.  Mitchell,  dated  October  15,  1888,  conveying 
land  for  right  of  way.     Recorded  in  Book  12,  page  490,  of  the  deed 
Records  of  Alcorn  County. 


MISSISSIPPI.  205 

3.  Deed  from  the  City  of  Corinth,  dated  January  7,  1889,  convey- 
ing right  of  way,  etc.  Recorded  in  Book  12,  page  560,  of  same 
records. 

Jurisdiction  over  this  cemetery  was  ceded  to  the  United  States  by 
the  following  act  of  the  State  Legislature,  approved  February  12, 
•1875: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  exclusive  jurisdiction  be,  and 
hereby  is,  given  to  the  United  States  to  and  over  the  following  tracts 
of  land  and  appurtenances  thereunto  belonging,  now  used  and  occu- 
pied as  National  Cemeteries  in  this  State,  to  wit :  All  of  a  tract  or 
parcel  of  land  situated  near  the  city  of  Natchez,  in  the  county  of 
Adams,  inclosed  by  a  brick  wall,  and  known  as  the  Natchez  National 
Cemetery ;  also,  all  of  a  tract  or  parcel  of  land  situated  on  the  banks 
of  the  Mississippi  river,  near  the  city  of  Yicksburg,  in  the  county  of 
Warren;  said  tract  embraces  not  only  all  that  is  now  enclosed  by  a 
brick  wall,  but  also  a  strip  lying  between  the  southwest  side  of  said 
wall  and  the  Mississippi  river,  now  owned  by  the  United  States  and 
occupied  for  purposes  aforesaid,  and  known  as  the  Vicksburg  Na- 
tional Cemetery ;  also,  another  certain  tract  of  land,  situated  near  the 
city  of  Corinth,  in  the  county  of  Alcorn,  consisting  of  twenty  acres 
(more  or  less),  and  known  as  the  Corinth  National  Cemetery;  the 
legal  title  to  said  several  parcels  of  land  being  now  in  the  United 
States  for  purposes  aforesaid. 

"  SEC.  2.  Be  it  further  enacted,  That  the  jurisdiction  hereby  ceded 
to  the  United  States  shall  extend  to  the  premises  aforesaid,  and  all 
improvements  that  are,  or  may  be  made  thereon  by  the  United  States, 
shall  continue  so  long  as  said  lands  shall  be  used  for  the  purpose 
aforesaid,  the  same  to  be  free  and  exempt  from  any  and  all  taxes  or 
assessments  under  any  law  of  this  State,  or  municipal  authority 
thereof,  nor  shall  they  be  subject  to  levy  and  sale  by  any  process 
known  to  the  laws  of  this  State." 

NATCHEZ  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  11.07  acres,  and  is  situated  at 
Natchez,  in  Adams  County.  The  title  is  as  follows: 

1.  Deed  from  Margaret  Case,  et  al.,  dated  January  31,  1867,  con- 
veying 11.07  acres.     Recorded  in  Book  O  O,  page  408,  etc.,  of  the 
deed  records  of  Adams  County. 

2.  Deed  from  the  City  of  Natchez,  dated  October  11,  1886,  convey- 
ing rights  of  way,  etc.     Recorded  in  Book  3  A,  page  398,  etc.,  of 
same  records. 

For  Jurisdiction  see  Corinth  National  Cemetery. 

SHIP   ISLAND. 

This  reservation  includes  that  part  of  Ship  Island  not  reserved  for 
light-house  purposes,  and  is  situated  in  the  Gulf  of  Mexico,  near  the 
coast  of  Mississippi,  about  14  miles  from  Biloxi.  The  title  is  as 
follows : 

As  a  part  of  the  public  domain  the  whole  island  was  reserved  for 
military  purposes  by  Executive  Order  dated  August  30,  1847;  but 
by  Executive  Order  of  July  7,  1852,  50  acres  at  the  extreme  western 


206  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

end  of  the  island  (including  Fort  Massachusetts)  were  set  apart  for 
light-house  purposes. 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature  approved 
November  15,  1858,  which  provides  as  follows : 

"SECTION  1.  Be  it  enacted,  etc.,  For  the  purpose  of  enabling  the 
United  States  to  carry  into  effect  an  Act  of  Congress  of  March  3, 
1857,  providing  for  the  fortification  of  Ship  Island,  Coast  of  Missis- 
sippi, by  building  and  maintaining  such  forts,  magazines,  arsenals, 
dockyards,  wharves,  and  other  structures,  with  their  appendages,  as 
may  be  necessary  for  the  object  aforesaid,  jurisdiction  is  hereby  ceded 
to  the  United  States  over  the  said  Ship  Island,  in  the  Gulf  of  Mexico, 
Coast  of  Mississippi,  to  include  all  of  said  Island  above  and  within 
low-water  mark,  and  over  all  the  contiguous  shores,  flats,  and  waters 
within  seventeen  hundred  and  sixty  yards  from  low-water  mark,  and 
all  right,  title,  and  claim  which  this  State  may  have  in  or  to  the  said 
Ship  Island,  Coast  of  Mississippi,  are  hereby^  granted  to  the  United 
States:  Provided^  That  this  State  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  in  and  over  all  the  premises  aforesaid  so 
far  that  all  civil  process  and  such  criminal  process  as  may  issue  under 
the  authority  of  this  State  against  any  person  or  persons  charged 
with  crimes  committed  without  the  premises  aforesaid  may  be  exe- 
cuted therein  in  the  same  way  and  manner  as  if  jurisdiction  had  not 
been  ceded  as  aforesaid. 

"  SEC.  2.  The  premises  over  which  jurisdiction  is  granted  by  this 
act  and  all  structures  and  other  property  thereon  shall  be  exonerated 
and  discharged  from  all  taxes  and  assessments  which  may  be  laid  or 
imposed  under  the  authority  of  this  State  while  said  premises  shall 
remain  the  property  of  the  United  States  and  shall  be  used  for  the 
purposes  intended  by  this  act." 

Revocable  Licenses'  License,  February  28,  1880,  to  the  National 
Board  of  Health  to  occupy  a  portion  of  the  reservation. 

License,  May  3,  1880,  to  the  National  Board  of  Health  to  occupy  a 
portion  of  the  ground  south  of  the  lagoon  for  the  care  of  passengers 
not  sick  but  removed  from  an  infected  ship. 

License,  January  31,  1881,  to  the  Treasury  Department  to  occupy 
vacant  building  for  the  collector  of  customs. 

License,  September  6,  1893,  to  the  Treasury  Department  to  occupy 
the  "  Old  Griffin  Building  "  for  the  deputy  collector  of  customs. 

License,  May  26,  1900,  to  A.  Murdock  to  sink  and  maintain  an 
artesian  well  on  the  reservation. 

License,  September  26,  1900,  to  A.  Murdock  to  erect  a  keeper's 
house  on  the  reservation. 

VICKSBURG  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  40  acres  and  a  Cemetery 
Roadway,  and  is  situated  at  Vicksburg,  in  Warren  County.  The 
title  is  as  follows: 

1.  Deed  from  Alvey  H.  Jaynes  and  wife,  dated  August  27,  1866, 
conveying  40  acres. 

2.  Deed  from  the  County  of  Warren,  dated  August  10,  1880,  con- 
veying right  of  way  from  the  City  of  Vicksburg  to  the  Cemetery. 
Recorded  in  Book  Y  Y,  page  433,  etc.,  of  the  deed  records  of  War- 
ren County, 


MISSISSIPPI.  207 

3.  Deed  from  Mary  A.  Wyman,  dated  September  1,  1887,  convey- 
ing a  right  of  way.     Recorded  in  Book  No.  64,  page  393,  etc.,  of 
same  records. 

4.  Deed  from  William  M.  Vogleson,  dated  September  7,  1887,  con- 
veying a  right  of  way.    Recorded  in  Book  No.  64,  page  392,  etc.,  of 
same  records. 

5.  Deed  from  John  B.  Mattingly,  dated  September  7,  1887,  con- 
veying a  right  of  way.    Recorded  in  Book  No.  65,  page  139,  etc.,  of 
same  records. 

6.  Deed  from  George  M.  M.  Linn,  dated  September  26,  1887,  con- 
veying a  right  of  way.    Recorded  in  Book  No.  65,  page  140,  etc.,  of 
same  records. 

7.  Deed  from  Heirs  of  A.  H.  Arthur,  dated  January  10,  1888,  con- 
veying a  right  of  way.    Recorded  in  Book  No.  65,  page  141,  etc.,  of 
same  records. 

8.  Deed  from  Thomas  Rigeley,  dated  May  4,  1888,  conveying  a 
right  of  way.     Recorded  in  Book  No.  65,  page  143,  of  same  records. 

9.  Condemnation  of  property  for  right  of  way  by  Board  of  Super- 
visors, v.  J.  O.  Linn  for  a  right  of  way  to  cemetery,  etc.    Recorded  in 
Deed  Book  No.  54,  page  225,  etc.,  of  same  records. 

The  roadway  described  in  the  foregoing  deeds  was  acquired 
through  the  Board  of  Supervisors  of  Warren  County,  who  derived 
their  authority  under  an  Act  of  the  State  Legislature  approved 
March  2,  1880. 

For  Jurisdiction  see  Corinth  National  Cemetery. 

VICKSBTJRG  NATIONAL  MILITARY  PARK. 

This  reservation,  containing  1,255.07  acres,  situate  in  Warren 
County,  was  acquired  pursuant  to  Act  of  Congress  approved  Febru- 
ary 21,  1899,  for  the  purpose  of  commemorating  the  campaign  and 
siege  and  defense  of  Vicksburg.  The  title  is  as  follows: 

1.  Deed  from  Kajtherine  Ruffin,  dated  October  18,  1899,  conveying 
5.6  acres.    Recorded  in  Book  92,  page  176,  of  the  records  of  Warren 
County. 

2.  Deed  from  Simpy  Gadson,  dated  October  18,  1899,  conveying 
2  acres.     Recorded  in  Book  92,  page  178,  of  same  records. 

3.  Deed  from  Sarah  J.  Mosby,  et  al.,  dated  October  20,  1899,  con- 
veying 5.6  acres.     Recorded  in  Book  92,  page  177,  of  same  records. 

4.  Deed  from  John  B.  Reid,  et  al.,  dated  October  24,  1899,  convey- 
ing 7.9  acres.     Recorded  in  Book  92',  page  179,  of  same  records. 

5.  Deed  from  Henry  L.  Mayer,  dated  October  26,  1899,  conveying 
4.5  acres.     Recorded  in  Book  92,  page  188,  of  same  records. 

6.  Deed  from  Jeff  Turner  and  wife,  dated  October  27,  1899,  con- 
veying 0.1  acre.     Recorded  in  Book  92,  page  202  et  seq.,  of  same 
records. 

7.  Deed  from  W.  A.  Cleaver  and  wTife,  dated  November  2,  1899, 
conveying  0.2  acre.     Recorded  in  Book  92,  page  181,  of  same  records. 

8.  Deed  from  Emma  E.  Barstow  and  husband,  dated  November  3, 
1899,  conveying  7.3  acres.     Recorded  in  Book  92,  page  175,  of  same 
records. 

9.  Deed  from  Marcia  A.  Hanley  and  husband,  dated  November  7, 
1899,  Conveying  33.6  acres.     Recorded  in  Book  92,  page  182,  of  same 
records. 


208  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

10.  Deed  from  Martha  A.  rinkston,  dated  November  8,  1899,  con- 
veying 13.3  acres  with  certain  reservations.     Recorded  in  Book  92, 
page  189,  et  seq.,  of  same  records. 

11.  Deed  from  M.  E.  R.  Hughes,  et  al.,  dated  November  10,  1899, 
conveying  2.8  acres.     Recorded  in  Book  92,  page  180,  of  same  records. 

12.  Deed  from  Casimir  Tag,  dated  November  10,  1899,  conveying 
23  acres.     Recorded  in  Book  92,  page  185,  of  same  records. 

13.  Deed  from  Lewis  Johnson  and  wife,  dated  November  11,  1899, 
conveying  3.8  acres.     Recorded  in  Book  92,  page  187,  et  seq.,  of  same 
records. 

14.  Deed  from  Richard  Coleman  and  wife,  dated  November  11, 
1899,  conveying  5.3  acres.     Recorded  in  Book  92,  page  190,  et  seq.,  of 
same  records. 

15.  Deed  from  John  Kennare  et  al.,  dated  November  13,  1899,  con- 
veying 16.2  acres  with  certain  reservations.     Recorded  in  Book  92, 
page  183  of  same  records. 

16.  Deed  from  James  H.  Hill,  dated  November  14,  1899,  conveying 
.05  acre.     Recorded  in  Book  92,  page  249,  et  seq.,  of  same  records. 

17.  Deed  from  William  J.  Henry,  dated  November  14,  1899,  con- 
veying 6.3  acres.     Recorded  in  Book  93,  page  199,  et  seq.,  of  same 
records. 

18.  Deed  from  George  Just,  dated  November  16,  1899,  conveying 
132  acres  with  certain  reservations.     Recorded  in  Book  92,  page  199, 
et  seq.,  of  same  records. 

19.  Deed  from  Charles  O'Connor,  dated  November  16,  1899,  con- 
veying 3.7  acres.     Recorded  in  Book  92,  page  201,  et  seq.,  of  same 
records. 

20.  Deed  from  Mary  Shaw,  dated  November  16,  1899,  conveying  1 
acre.     Recorded  in  Book  92,  page  201,  of  same  records. 

21.  Deed  from  S.  Sorsby  Booth,  et  al.,  dated  November  17,  1899, 
conveying  51.6  acres.     Recorded  in  Book  92,  page  243,  et  seq.,  of  same 
records. 

22.  Deed  from  J.  G.  Tichenor,  dated  November  20,  1899,  conveying 
1  acre.    Recorded  in  Book  92,  page  239,  of  same  records. 

23.  Deed  from  John  Coleman,  dated  November  21,  1899,  convey- 
ing 2  acres,  with  certain  reservations.     Recorded  in  Book  92,  page 
237,  of  same  records. 

24.  Deed  from  Jos.  N.  Ring,  et  al.,  dated  November  21,  1899,  con- 
veying 32.2  acres,  with  certain  reservations.     Recorded  in  Book  92, 
page  238,  of  same  records. 

25.  Deed  from  Marcella  H.  Smith,  dated  December  11,  1899,  con- 
veying 52.8  acres.    Recorded  in  Book  93,  page  202,  et  seq.,  of  same 
records. 

26.  Deed  from  Francis  C.  Abbott,  dated  December  13,  1899,  con- 
veying 29.8  acres  with  certain  reservations.     Recorded  in  Book  92, 
page  251,  of  same  records. 

27.  Deed  from  John  B.  Smith,  dated  December  13,  1899,  conveying 
18  acres.    Recorded  in  Book  93,  page  203,  et  seq.,  of  same  records. 

28.  Deed  from  Maggie  D.  Monroe,  et  al.,  dated  December  13,  1899, 
conveying  28.3  acres.    Recorded  in  Book  93,  page  252,  et  seq.,  of  same 
records. 

29.  Deed  from  Maggie  D.  Monroe,  dated  December  13,  1899,  con- 
veying 29.5  acres.    Recorded  in  Book  92,  page  254,  et  seq.,  of  same 
records. 


MISSISSIPPI.  209 

30.  Deed  from  Chas.  B.  Galloway,  dated  December  15,  1899,  con- 
veying 48.3  acres.    Recorded  in  Book  92,  page  240,  et  seq.,  of  same 
records. 

31.  Deed  from  Elizabeth  L.  Cook  and  husband,  dated  December 
16,  1899,  conveying  3.1  acres.     Recorded  in  Book  93,  page  201,  et 
seq.,  of  same  records. 

32.  Deed  from  Sarah  Middleton,  dated  December  16,  1899,  con- 
veving  7.3  acres.     Recorded  in  Book  93,  page  267,  of  same  records. 

33.  Deed  from  Robert  Walton  and  wife,  dated  December  21,  1899, 
conveying  29.2  acres  with  certain  reservations.     Recorded  in  Book 
92,  page  255,  et  seq.,  of  same  records. 

34.  Deed  from  Alice  Eaton,  dated  December  23,  1899,  conveying 
60.7  acres  with  certain  reservations.    Recorded  in  Book  92,  page  247, 
et  seq.,  of  same  records. 

35.  Deed  from  Elizabeth  Hebron  and  husband,  dated  December  25, 
1899,  conveying  6.4  acres.     Recorded  in  Book  93,  page  259,  et  seq., 
of  same  records. 

36.  Deed  from  J.  G.  Ferguson,  dated  December  26,  1899,  convey- 
ing 30.8  acres.    Recorded  in  Book  92,  page  256,  of  same  records. 

37.  Deed  from  J.  Dornbusch,  dated  December  26,  1899,  conveying 
2.3  acres.    Recorded  in  Book  92,  page  262,  of  same  records. 

38.  Deed  from  Helen  J.  King  and  husband,  et  al.,  dated  December 
27,  1899,  conveying  27.8  acres.     Recorded  in  Book  93,  page  197, 
et  seq.,  of  same  records. 

39.  Deed  from  Matilda  Glover,  et  al.,  dated  December  27,  1899, 
conveying  1.2  acres.    Recorded  in  Book  93,  page  251,  et  seq.,  of  same 
records. 

40.  Deed  from  Eva  B.  Brabston,  dated  December  30,  1899,  con- 
veying 0.4  acre.    Recorded  in  Book  92,  page  242,  of  same  records. 

41.  Deed  from  W.  A.  Thomas,  et  al.,  dated  January  2,  1900,  con- 
veying 33.3  acres  with  certain  reservations.     Recorded  in  Book  93, 
page  250,  et  seq.,  of  same  records. 

42.  Decree  of  condemnation  for  4.7  acres  in  case  No.  137,  The 
United  States  v.  Olive  R.  Smeldes  et  al.,  in  the  Circuit  Court  of  the 
United  States,  for  the  Western  Division  of  the  Southern  District  of 
Mississippi.     Rendered  January  3^  1900,  and  recorded  in  Book  92, 
page  272,  of  same  records. 

43.  Decree  of  condemnation  for  29.6  acres,  in  case  141,  The  United 
States  v.  Mattie  Shewalter  et  al.,  in  the  Circuit  Court  of  the  United 
States,  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  3,  1900,  and  recorded  in  Book  92,  page  282. 
of  same  records. 

44.  Decree  of  Condemnation  for  3.4  acres,  in  case  143,  The  United 
States  v.  Charles  Reynolds  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  3,  1900,  and  recorded  in  Book  92,  page  295, 
of  same  records. 

45.  Decree  of  Condemnation  for  1.8  acres,  in  case  138,  The  United 
States  v.  Emma  A.  Lanier  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  5,  1900  and  recorded  in  Book  92,  page  265, 
of  same  records. 

46.  Decree  of  condemnation  for  11.4  acres,  in  case  142,  The  United 
States  v.  Clara  Klineman,  in  the  Circuit  Court  of  the  United  States 

16800—10 14 


210  .    UNITED   STATES    MILITAKY   RESERVATIONS,   ETC. 

for  the  Western  Division  of  the  Southern  District  of  Mississippi. 
Rendered  January  5,  1900,  and  recorded  in  Book'  92,  page  288,  of 
same  records. 

47.  Decree  of  Condemnation  for  25.7  acres,  in  case  139,  The  United 
States  v.  W.  V.  Logan  et  al.,  in  the  Circuit  Court  of  the  United 
States  for  the  Western  Division  of  the  Southern  District  of  Missis- 
sippi.   Rendered  January  5,  1900,  and  recorded  in  Book  92,  page  283, 
of  same  records. 

48.  Deed  from  the  Refuge  Oil  Mill  Company,  dated  January  15, 
1900,  conveying  1.3  acres.    Recorded  in  Book  92,  page  248,  et  seq.,  of 
same  records. 

49.  Deed  from  F.  M.  Loque,  Jr.,  and  wife,  dated  January  15,  1900, 
conveying  41.2  acres.     Recorded  in  Book  93,  page  354,  et  seq.,  of 
same  records. 

50.  Deed  from  the  Congregation  Anshe  Chesed,  dated  January  23, 
1900,  conveying  19.5  acres  with  certain  reservations.     Recorded  in 
Book  92,  page  261,  of  same  records. 

51.  Deed  from  Thomasene  H.  Woolsey,  et  al.,  dated  January  24, 
1900,  conveying  3.7  acres.    Recorded  in  Book  93,  page  268,  et  seq.,  of 
same  records. 

52.  Deed  from  Vicksburg  Tabernacle  Number  19,  dated  January 
29,  1900,  conveying  80.1  acres.     Recorded  in  Book  93,  page  293,  of 
same  records. 

53.  Deed  from  S.  V.  Strong,  dated  February  19,  1900,  conveying 
2  acres  with  certain  reservations.    Recorded  in  Book  93,  page  334,  of 
same  records. 

54.  Deed  from  T.  H.  Cook  and  wife,  dated  April  12,  1900,  con- 
veying 61.2  acres.    Recorded  in  Book  93,  page  332  of  same  records. 

55.  Deed  from  Martha  Giles  and  husband,  dated  April  14,  1900, 
conveying  8.1  acres.    Recorded  in  Book  92,  page  346,  et  seq.,  of  same 
records. 

56.  Deed  from  Emma  Barstow,  dated  April  23,  1900,  conveying 
1.9  acres.     Recorded  in  Book  92,  page  347,  of  same  records. 

57.  Deed  from  Louis  Hunt,  dated  April  25,  1900,  conveying  1.1 
acres.     Record  in  Book  93,  page  335,  of  same  records. 

58.  Deed  from  C.  A.  Williams,  et  al.,  dated  May  8,  1900,  conveying 
0.2  acre.     Recorded  in  Book  92,  page  349,  et  seq.,  of  same  records. 

59.  Deed  from  Fred  Buckel,  dated  July  2,  1900,  conveying  2.6 
acres  with  certain  reservations.     Recorded  in  Book  92,  page  348,  of 
same  records. 

60.  Deed  from  T.  J..Hossley,  et  al.,  dated  July  3,  1900,  conveying 
4.6  acres.     Recorded  in  Book  96,  page  89,  of  same  records. 

61.  Deed  from  Lewis  Johnson  and  wife,  dated  July  16,  1900,  con- 
veying 4.1  acres.     Recorded  in  Book  92,  page  491,  of  same  records. 

62.  Deed  from  Alex  Terrell  and  wife,  dated  July  26,  1900,  con- 
veying 3.4  acres.     Recorded  in  Book  95,  page  65,  of  same  records. 

63.  Deed  from  Eva  B.  Brabston,  dated  July  26,  1900,  conveying 
15.6  acres.     Recorded  in  Book  96,  page  91,  of  same  records. 

64.  Deed  from  Mary  A.  B.  Rigby,  dated  July  28,  1900,  conveying 
0.1  acre.     Recorded  in  Book  96,  page  70,  of  same  records. 

65.  Deed  from  Emma  E.  Barstow,  dated  July  28,  1900,  conveying 
5.54  acres.     Recorded  in  Book  96,  page  15,  et  seq.,  of  same  records. 

66.  Deed  from  Emma  E.  Barstow,  et  al.,  dated  July  31,  1900,  con- 
veying 1.8  acres.    Recorded  in  Book  95,  page  85,  et  seq.,  of  same 
records. 


MISSISSIPPI.  211 

67.  Deed  from  Belle  C.  Smith  and  husband,  dated  August  1,  1900, 
conveying  33.1  acres.     Recorded  in  Book  95,  page  77,  et  seq.,  of  same 
records. 

68.  Deed  from  Charlie  Jones  and  wife,  dated  August  2,  1900,  con- 
veying .01  acre.     Recorded  in  Book  95,  page  76,  of  same  records. 

69.  Deed  from  Maggie  Murphy  and  husband,  dated  August  2, 1900, 
conveying  .02  acre.     Recorded  in  Book  95,  page  88,  et  seq.,  of  same 
records. 

70.  Deed  from  Eliza  McClelland  and  husband,  dated  August  2, 
1900,  conveying  .01  acre.  .  Recorded  in  Book  95,  page  89,  of  same 
records. 

71.  Deed  from  Louvinia  Ernest  and  husband,  dated  August  2, 1900, 
conveying  0.1  acre.     Recorded  in  Book  95,  page  90,  of  same  records. 

72.  Deed  from  Vinie  Bowie  and  husband,  dated  August  2,  1900, 
conveying  .01  acre.     Recorded  in  Book  95,  page  90,  of  same  records. 

73.  Deed  from  Frances  McClelland,  dated  August  2,  1900,  convey- 
ing .02  acre.     Recorded  in  Book  95,-  page  92,  of  same  records. 

74.  Deed  from  Malinda  Henry  and  husband,  dated  August  2,  1900, 
conveying  .05  acre.     Recorded  in  Book  95,  page  93,  et  seq.,  of  same 
records. 

75.  Deed  from  Lucy  Gaines,  dated  August  2,  1900,  conveying  0.01 
acre.'    Recorded  in  Book  96,  page  74,  of  same  records. 

76.  Deed  from  William  Green  and  wife,  dated  August  2,  1900,  con- 
veying 0.7  acre.     Jlecorded  in  Book  96,  page  79,  of  same  records. 

77.  Deed  from  Minerva  Jones  and  husband,  dated  August  2,  1900, 
conveying  0.06  acre.     Recorded  in  Book  96,  page  80  et  seq.,  of  same 
records. 

78.  Deed  from  Ophelia  McGee,  dated  August  3,  1900,  conveying 
5.2  acres.     Recorded  in  Book  95,  page  75,  et  seq.,  of  same  records. 

79.  Deed  from  William  Murphy,  dated  August  3,  1900,  conveying 
4.9  acres.     Recorded  in  Book  95,  page  83  et  seq.,  of  same  records. 

80.  Deed  from  Peter  Walton,  et  al.,  dated  August  3,  1900,  convey- 
ing 1.6  acres.     Recorded  in  Book  96,  page  94,  et  seq.,  of  same  records. 

81.  Deed  from  Mary  Hughes,  et  al.,  dated  August  4,  1900,  convey- 
ing 4.71  acres.     Recorded  in  Book  95,  page  69,  of  same  records. 

82.  Deed  from  Laura  J.  Mackey  and  husband,  dated  August  4, 
1900,  conveying  2.2  acres.     Recorded  in  Book  95,  page  82,  et  seq.,  of 
same  records. 

83.  Deed  from  Dick  Thompson  and  wife,  dated  August  4,  1900, 
conveying  0.01  acre.     Recorded  in  Book  95,  page  91,  of  same  records. 

84.  Deed  from  Maggie  D.  Monroe,  dated  August  4,  1900,  conveying 
0.4  acre.     Recorded  in  Book  96,  page  17,  of  same  records. 

85.  Deed  from  M.  J.  Hennessey,  dated  August  5,  1900,  conveying 
0.04  acre.     Recorded  in  Book  95,  page  84,  et  seq.,  of  same  records. 

86.  Deed  from  John  White,  dated  August  7,  1900,  conveying  0.1 
acre.     Recorded  in  Book  96,  page  72,  of  same  records. 

87.  Deed  from  Dick  Thompson  and  wife,  dated  August  8,  1900, 
conveying  0.1  acre.     Recorded  in  Book  96,  page  68,  et  seq.,  of  same 
records. 

88.  Deed  from  Julia  G.  Lee,  dated  August  8,  1900,  conveying  1.6 
acres.     Recorded  in  Book  96,  page  69,  of  same  records. 

89.  Deed  from  Robert  Countryman,  dated  August  11, 1900,  convey- 
ing 1.6  acres.     Recorded  in  Book  96,  page  101,  of  same  records. 

90.  Deed  from  Jane  Currie,  et  al.,  dated  August  11,  1900,  convey- 
ing 1.6  acres.     Recorded  in  Book  96,  page  102,  et  seq.,  of  same  records. 


212  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

91.  Deed  from  Henry  Lee,  dated  August  15,  1900,  conveying  0.5 
acre.     Recorded  in  Book  96,  page  71,  of  same  records. 

92.  Deed  from  Lewis  A.  Moss,  dated  August  15,  1900,  conveying 
.25  acre.     Recorded  in  Book  95,  page  80,  et  seq.,  of  same  records. 

93.  Deed  from  Isadora  Countryman,  dated  August  15,  1900,  con- 
veying 1.3  acres.     Recorded  in  Book  96,  page  101,  of  same  records. 

94.  Deed  from  Katherine  Ruffin,  dated  August  16,  1900,  conveying 
1.9  acres.     Recorded  in  Book  95,  page  66,  of  same  records. 

95.  Deed  from  Jas.  H.  Walsh,  dated  August  17,  1900,  conveying 
2.3  acres.     Recorded  in  Book  96,  page  67,  of  same  records. 

96.  Deed  from  Jenny  Henry,  dated  August  17,  1900,  conveying  6.3 
acres.     Recorded  in  Book  96,  page  73,  of  same  records. 

97.  Deed  from  Ann  E.  Cotton,  dated  August  17,  1900,  conveying 
0.8  acre.     Recorded  in  Book  96,  page  78,  of  same  records. 

98.  Deed  from  Lettie  M.  Wilson,  dated  August  18,  1900,  conveying 
7  acres.     Recorded  in  Book  96,  page  97,  of  same  records. 

99.  Deed  from  Annie  Rickson,  dated  August  21,  1900,  conveying 
0.1  acre.     Recorded  in  Book  95,  page  81,  et  seq.,  of  same  records. 

100.  Deed  from  H.  M.  Osborn,  dated  August  22,  1900,  conveying 
.02  acre.     Recorded  in  Book  95,  page  87,  et  seq.,  of  same  records. 

101.  Deed  from  Archie  Quitman,  dated  September  5,  1900,  convey- 
ing .02  acre.     Title  acquired  from  W.  J.  Buell,  No.  Ill,  infra. 

102.  Deed  from  Chas.  B.  Galloway,  dated  September  7,  1900,  con- 
veying 0.9  acre.     Recorded  in  Book  96,  page  81,  of  same  records. 

103.  Deed  from  the  Supervisors  of  Warren  County,  dated  Septem- 
ber 12,  1900,  conveying  0.3  acre.    Recorded  in  Book  95,  page  68,  of 
same  records. 

104.  Deed  from  Amanda  A.  Vogleson,  et  al.,  dated  October  16, 

1900,  conveying  3.5  acres.     Recorded  in  Book  96,  page  504,  of  same 
records. 

105.  Deed  from  J.  S.  Tate,  dated  December  15,  1900,  conveying  .02 
acre.     Recorded  in  Book  96,  page  104,  et  seq.,  of  same  records. 

106.  Deed  from  Casimir  Tag,  dated  December  28,  1900,  conveying 
2  acres.     Recorded  in  Book  96,  page  95,  et  seq.,  of  same  records. 

107.  Deed  from  Thomasene  H.  Woolsey,  et  al.,  dated  January  8, 

1901,  conveying  4.9  acres.     Recorded  in  Book  95,  page  101,  et  seq., 
of  same  records. 

108.  Decree  of  condemnation  for  5.9  acres,  in  case  The  United 
State  v.  James  C.  Wright,  in  the  Circuit  and  District  Court  of  the 
United  States  for  the  Southern  District  of  Mississippi.     Rendered 
in  the  January  term,  1901,  and  recorded  in  Book  95,  page  200,  of 
same  records. 

109.  Decree  of  condemnation  for  0.2  acre,  in  case  The  United 
States  v.  Lillie  Hodge,  in  the  Circuit  and  District  Court  of  the 
United  States  for  the  Southern  District  of  Mississippi.     Rendered  in 
the  January  term,  1901,  and  recorded  in  Book  96,  page  502,  of  same 
records. 

110.  Deed  from  Henry  L.  Mayer,  dated  February  21,  1901,  con- 
veying 1.2  acres.     Recorded  in  Book  95,  page  115,  of  same  records. 

111.  Deed  from  W.  J.  Buell,  dated  March  13,  1901,  conveying  .02 
acre.     Recorded  in  Book  96,  page  503,  of  same  records. 

112.  Deed  from  W.  A.  Claver  and  wife,  dated  October  1,  1902, 
conveying  .06  acre.     Recorded  in  Book  99,  page  409,  et  seq.,  of  same 
records. 


MISSOURI.  213 

113.  Deed  from  J.  W.  King,  et  al.,  dated  January  14,  1903,  con- 
veying 5.02  acres.     Recorded  in  Book  101,  page  282,  of  same  records. 

Jurisdiction  over  all  the  above  tract  was  ceded  by  3  proclamations 
of  the  Governor  of  Mississippi,  dated  June  28,  1901,  September  23, 
1903,  and  one  without  date.  For  authority  for  proclamation  see 
"  General  Act  of  Cession." 

114.  Deed  from  Mrs.  Sarah  J.  Mosby,  et  al.,  dated  October  IT, 
1903,  conveying  two  tracts  aggregating  16.63  acres.     Recorded  in 
Book  100,  page  398,  of  same  records. 

115.  Deed  from  Jennie  Henry,  dated  July  1904,  conveying  1.29 
acres.     Recorded  in  Book  103,  page  154,  of  same  records. 

116.  Deed  from  Yicksburg  Battlefield  Commission  of  Pennsylvania, 
dated  March  IT,  1905,  conveying  2.59  acres,  for  Pennsylvania  memo- 
rial.    Recorded  in  Book  10T,  page  21  et  seq.,  of  same  records. 

11T.  Deed  from  Katharine  Ruffin,  dated  November  23,  1905,  con- 
veying O.T2  acre,  more  or  less.  Recorded  in  Book  10T,  page  ITS,  of 
same  records. 

118.  Deed  from  F.  M.  Logue,  dated  November  25,  1905,  conveying 
9.46  acres,  more  or  less.     Recorded  in  Book  10T,  page  221  et  seq.,  of 
same  records. 

119.  Deed  from  W.  H.  McGee,  et  al.,  dated  July  16,  1904,  con- 
veying 1T.9  acres.     Recorded  in  Book  109,  page  94  of  same  records. 

120.  Deed  from  F.  M.  Logue,  dated  August  9,  1906,  conveying  two 
parcels  of  land,  aggregating  5.23  acres.     Recorded  in  Book  109,  page 
144,  of  same  records. 

121.  Deed  from  Kimball  F.  Ferguson,  dated  December  10,  1909, 
conveying  5.23  acres.    Recorded  in  Book  11T,  page  81,  of  same  records. 

Jurisdiction  over  tract  114,  ante,  and  tracts  115  and  116,  ante, 
ceded  by  Governor's  deed  of  June  30,  1905;  over  tracts  11T,  118  and 
119,  ante,  by  Governor's  deed  of  July  "26,  1906 ;  and  over  tract  120, 
ante,  by  Governor's  deed  of  September  14,  1906.  Jurisdiction  over 
the  Old  Yazoo  City  public  road  (now  known  as  Road  No.  81),  ex- 
tending from  the  point  on  said  road  where  Confederate  Avenue 
begins  to  the  north  end  of  the  bridge  over  Glass'  Bayou,  as  specified 
in  resolution  of  the  Board  of  Supervisors  of  Warren  County,  adopted 
December  6,  1905,  which  resolution  authorized  the  United  States  to 
enter  upon  and  use  the  same  for  purposes  of  the  Park,  ceded  by 
Governor's  deed  of  January  18,  1906.  Jurisdiction  over  this  road 
from  its  junction  with  Confederate  Avenue  to  its  junction  with  Union 
Avenue,  as  authorized  to  be  occupied  by  resolution  of  said  Board 
of  Supervisors,  adopted  December  5,  1906,  ceded  by  Governor's  deed 
of  January  23,  190T.  (See  General  Act  of  Cession  for  authority  for 
these  deeds.) 

MISSOURI. 

ARCADIA    TARGET    RANGE. 

This  reservation  contains  an  area  of  1,2T5  acres,  and  is  situated 
about  2J  miles  from  the  railroad  station  at  Arcadia,  in  Iron  County, 
and  about  80  miles  from  Jefferson  Barracks.  See  G.  O.  No.  66,  A. 
G.  O.,  April  11, 1899. 

The  title  is  as  follows: 

1.  Deed  from  H.  R.  Holland,  dated  December  23,  1895,  conveying 
80  acres.  Recorded  in  Book  40,  page  603,  of  the  records  of  Iron 
County. 


214  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

2.  Guardian's  Deed  from  H.  R.  Holland,  Guardian,  etc.,  dated 
May  16,  1898,  conveying  same  tract.    Recorded  in  Book  42,  page 
563,  of  same  records. 

3.  Deed  from  Franklin  Button  and  wife,  et  al.,  dated  December 
23,  1895,  conveying  80  acres.     Recorded  in  Book  40,  page  597,  of 
same  records. 

4.  Deed  from  John  Walter  and  wife,  dated  December  23,  1895, 
conveying  160  acres.     Recorded  in  Book  40,  page  607,  of  same  rec- 
ords. 

5.  Deed  from  Walter  H.  Fisher  and  wife,  et  al.,  dated  December 
23,  1895,  conveying  156  acres.     Recorded  in  Book  40,  page  604,  of 
same  records. 

6.  Deed  from  Azariah  Martin  and  wife,  dated  December  23,  1895, 
conveying  46  acres.     Recorded  in  Book  40,  page  605,  of  same  records. 

7.  Deed  from  Elizabeth  D.  Button,  et  al.,  dated  December  30,  1895, 
conveying  90  acres.     Recorded  in  Book  40,  page  598,  of  same  records. 

8.  Guardian's  Deeds  (four  in  number)  from  W.  T.  Gray,  Curator, 
etc.,  dated  March  8,  1898,  conveying  same  tract.     Recorded  in  Book 
42,  pages  568,  570  to  574,  of  same  records. 

9.  Deed  from  Achillis  K.   Button   and  wife,  dated  January  13, 
1896,  conveying  80  acres.     Recorded  in  Book  40,  page  594,  of  same 
records. 

10.  Deed  from  Francis  Dike  and  wife,  dated  February  1,  1896, 
conveying  80  acres.     Recorded  in  Book  42,  page  575,  etc.,  of  same 
records. 

11.  Deed  from  Malinda  Bird,  dated  April  2,  1896,  conveying  20 
acres.     Recorded  in  Book  40,  page  601,  of  same  records. 

12.  Guardian's  Deed  from  W.  T.  Gray,  Curator,  etc.,  dated  March 
10,  1898,  conveying  same  tract.     Recorded  in  Book  42,  page  561,  of 
same  records. 

13.  Deed  from  Henry  Hutchens,  dated  January  28,  1898,  convey- 
ing 23  acres.     Recorded  in  Book  40,  page  606,  of  same  records. 

14.  Deed  from  I.  G.  Whitworth,  dated  January  31,  1898,  convey- 
ing 40  acres.     Recorded  in  Book  40,  page  596,  of  same  records. 

15.  Deed  from  Wm.  Henson  and  wife,  dated  March  10,  1898,  con- 
veying 80  acres.     Recorded  in  Book  40,  page  600,  of  same  records. 

16.  Deed  from  J.  W.  Emerson  and  wife,  dated  March  10,  1898, 
conveying  50  acres.     Recorded  in  Book  42,  page  559,  of  same  records. 

17.  Deed  from  James  Dixon,  dated  March  17,  1898,  conveying  80 
acres.     Recorded  in  Book  40,  page  595,  of  same  records. 

18.  Deed  from  William  Henson  and  wife,  dated  March  28,  1898, 
conveying  10  acres.     Recorded  in  Book  40,  page  602,  of  same  records. 

19.  Deed  from  Franklin  Button  and  wife,  et  al.,  dated  March  28, 
1898,  conveying  40  acres.     Recorded  in  Book  40,  page  599,  of  same 
records. 

20.  Deed  from  Lillie  E.  Barnes  and  husband,  dated  June  9,  1898, 
conveying  80  acres.     Recorded  in  Book  40,  page  608,  of  same  records. 

21.  Executive  Order,  dated  September  19,  1898,  reserving  from 
sale  and  setting  apart  160  acres. 

JEFFERSON  BARRACKS. 

This  reservation  contains  an  area  of  1,260.91  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  12,  W.  D.,  January  15,  1908.     It 


MISSOURI.  215 

is  situated  in  South  St.  Louis  011  the  Mississippi  River,  10  miles  from 
St.  Louis,  in  St.  Louis  County.     The  title  is  as  follows : 

1.  Deed  from  the  inhabitants  of  Carondelet,  dated  July  8,  1826, 
conveying  part  of  "Carondelet  Common."     Recorded  in  Book  N, 
page  113,  of  the  deed  records  of  St.  Louis  County. 

2.  Quit  claim  deed  from  the  City  of  Carondelet,  dated  October  25, 
1854,  conveying  by  metes  and  bounds  a  portion  of  the  Common  of 
said  city,  containing  1,702  acres,  more  or  less.     Recorded  in  Book  160, 
page  130,  of  same  records. 

3.  Quit  claim  Deed  from  Charles  Blank,  et  al.,  dated  July  17, 
1890,  conveying  0.7  acre,  etc.     Recorded  in  Book  49,  page  54  of  same 
records. 

The  area  as  originally  acquired  was  reduced  by  Act  of  Congress, 
approved  July  23, 1894,  to  the  present  area.  The  reservation  includes 
the  St.  Louis  Powder  Depot  and  the  Jefferson  Barracks  National 
Cemetery. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature,  approved  March  18,  1892,  which  provides  as  follows: 

"  SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is  hereby, 
ceded  to  the  United  States  over  and  within  all  the  territory  owned  by 
the  United  States  and  included  within  the  limits  of  the  military  post 
and  reservation  of  Jefferson  Barracks,  in  St.  Louis  county,  in  this 
state;  saving,  however,  to  the  said  state  the  right  to  serve  civil  or 
criminal  process  within  said  reservation  in  suits  or  prosecutions  for 
or  on  account  of  rights  acquired,  obligations  incurred,  or  crimes  com- 
mitted in  said  state  outside  of  said  cession  and  reservation ;  and  sav- 
ing further  to  said  state  the  right  to  tax  and  regulate  railroad,  bridge, 
and  other  corporations,  their  franchises  and  property  on  said  reserva- 
tion. In  the  event,  or  whenever  Jefferson  Barracks  shall  cease  to  be 
used  by  the  federal  government  as  a  military  post,  the  jurisdiction 
ceded  herein  shall  revert  to  the  state  of  Missouri." 

Easement:  Act  of  Congress,  approved  February  14,  1853,  granted 
a  right  of  way  to  the  St.  Louis  and  Iron  Mountain  Railroad  through 
the  grounds  of  the  St.  Louis  Arsenal  and  Jefferson  Barracks;  this 
act  was  amended  by  Act  approved  July  14,  1856.  Act  approved  July 
25,  1868,  provides  for  the  sale  of  the  St.  Louis  Arsenal  grounds,  etc., 
and  Act  approved  March  3,  1869,  amending  the  same,  contains  a  pro- 
viso that  no  part  of  the  six  acres  granted  to  the  city  of  St.  Louis  for 
a  public  park  etc.,  shall  be  selected  east  of  the  western  line  of  the 
ground  occupied  by  the  St.  Louis  and  Iron  Mountain  Railroad. 

Revocable  Licenses:  License,  December  21,  1895,  to  Southern  Elec- 
tric Railroad  Company  to  construct,  maintain  and  operate  an  elec- 
tric railway  on  the  reservation. 

License,  April  21,  1906,  to  The  Kinlock  Telephone  Co.  for  tele- 
phone line. 

JEFFERSON    CITY    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  2  acres,  and  is  situated  at 
Jefferson  City,  in  Cole  County.  The  title  is  as  follows : 

Deed  from  Israel  B.  Read  and  wife,  dated  December  7,  1867,  con- 
veying 2  acres.  Recorded  in  Book  A,  page  462,  etc.,  of  the  deed 
records  of  Cole  County. 

Exclusive  jurisdiction  ceded,  subject  to  right  to  service  process,  by 
sections  5218  and  5219,  Missouri  Annotated  Statutes,  1906, 


216  UNITED   STATES   MILITAKY  KESEKVATIONS,  ETC. 

MILITIA   TARGET   RANGE. 

This  range  (Island  No.  97a,  Missouri  Kiver)  is  situated  in  St. 
Louis  County,  and  comprises  an  area  of  207  acres,  more  or  less,  "  and 
all  accretions  thereto."  The  title  is  as  follows  : 

Deed  from  Henry  Pilgrim,  et  ux.,  dated  January  8,  1908,  convey- 
ing entire  tract.  Recorded  in  Book  206,  page  193,  in  the  Deed 
Records  of  St.  Louis  County. 

SPRINGFIELD    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  5  acres  and  a  roadway,  and  is 
situated  about  4  miles  from  the  City  of  Springfield,  in  Greene  County. 
The  title  is  as  follows : 

1.  Deed  from  the  City  of  Springfield,  dated  August  1£,  1867,  con- 
veying 5  acres.     Recorded  in  Book  S,  page  294,  of  the  deed  records 
of  Greene  County. 

2.  Quitclaim  deed  from  N.  F.  Cheaers,  et  al.,  dated  June  2,  1868, 
conveying  the  same  tract.     Recorded  in  Book  S,  page  342,  of  same 
records. 

3.  Deed  from  John  S.  Phelps,  dated  May  22,  1885,  conveying  a 
roadway.     Recorded  in  Book  59,  page  418,  of  same  records. 

4.  Deed  from  Jestion  Potter,  dated  -    — ,  1885,  conveying  a  road- 
way.    Recorded  in  Book  59,  page  419,  of  same  records. 

5.  Deed  from  Edward  J.  Cox,  dated  May  21,  1885,  conveying  a 
roadway.     Recorded  in  Book  59,  page  420,  of  same  records. 

6.  Deed  from  William  G.  Evans  and  wife,  dated  May  21,  1885, 
conveying   a   roadway.     Recorded  in   Book   61,   page   58,   of   same 
records. 

7.  Deed  from  George  A.  C.  Woolley  and  wife,  dated  May  21,  1885, 
conveying  a   roadway.      Recorded   in   Book   61,  page   57,  of   same 
records. 

8.  Deed  from  E.  E.  Colby,  Special  Commissioner,  etc.,  dated  Sep- 
tember 27,   1897,  conveying  a  tract  of  land   for  the  extension  of 
"  Phelp's  Boulevard."     Recorded   in   Book   169,  page  47,   of  same 
records. 

Exclusive  jurisdiction  ceded,  subject  to  right  to  serve  process,  by 
sections  5218  and  5219,  Missouri  Annotated  Statutes,  1906. 

ST.    LOUIS    CLOTHING    DEPOT. 

This  reservation  contains  about  25  acres,  and  is  situated  in  the 
City  of  St.  Louis,  on  the  Mississippi  River.  The  title  is  as  follows : 

1.  Deed  from  A.  Chenie  and  wife,  dated  August  3,  1827,  conveying 
13  arpents  of  land.     Recorded  in  Book  N,  page  486  of  the  deed 
records  of  St.  Louis  County. 

2.  Deed  from  Arend  Rutgers  and  wife,  dated  August  3,  1827,  con- 
veying 31  arpents  of  land.     Recorded  in  Book  N,  page  482,  of  same 
records. 

Under  Acts  of  Congress,  approved  July  28, 1868  (15  Stajb.  L.,  187), 
and  March  3,  1869  (15  Stat.  L.,  339),  and  Joint  Res.  of  July  11, 
1870  (16  Stat.  L.,  386),  a  portion  of  the  lands  was  granted  to  the 
city  as  a  site  for  a  monument  to  Nathaniel  Lyon  and  the  extension 
of  Second  street,  separating  said  site  from  the  lands  retained  was 
authorized. 

Easement.     See  Jefferson  Barracks,  "Easement,"  ante. 


MONTANA.  217 

Revocable  License:  August  3,  1904,  to  the  Anheuser-Busch  Brew- 
ing Association,  under  Joint  Resolution,  approved  April  28,  1904, 
to  occupy  and  use  for  railroad  purposes  a  40- foot  right  of  way,  along 
the  right  of  way  of  the  St.  Louis,  Iron  Mountain  and  Southern  Rail- 
way Company,  through  the  extreme  eastern  limits  of  the  reservation, 
and  also  a  small  triangular  area  in  the  southeast  corner  of  the 
premises. 

ST.    LOUIS    POWDER    DEPOT. 

A  part  of  the  Jefferson  Barracks  reservation  contamjng_385  acres. 
For  title  and  jurisdiction  see  Jefferson  Barracks. 

MONTANA. 

GENERAL   ACT   OF    CESSION. 

"  SECTION  1.  That  pursuant  to  Article  I,  section  8,  paragraph  17, 
of  the  Constitution  of  the  United  States,  consent  to  purchase  is  hereby 
given  and  exclusive  jurisdiction  ceded  to  the  United  States  over  and 
with  respect  to  all  lands  within  the  State  which  are  or  may  be 
embraced  within  the  Yellowstone  National  Park,  together  with  all 
such  lands  as  are  now  or  may  hereafter  be  occupied  and  held  by  the 
United  States  for  military  purposes  either  as  additions  to  the  mili- 
tary posts  over  which  jurisdiction  is  ceded  by  the  Constitution  of 
Montana,  or  as  new  or  other  posts  or  reservations  established  within 
the  State  for  the  common  defense,  reserving,  however,  to  this  State  a 
concurrent  jurisdiction  for  the  execution  upon  said  lands  or  in  the 
buildings  erected  thereon  of  all  process,  civil  or  criminal,  lawfully 
issued  by  the  courts  of  the  State  and  not  incompatible  with  this 
cession."  (Approved  February  14,  1891.  Laws  of  Mont.,  1891,  p. 
262.  See,  also,  Political  Code  of  Montana,  1905,  sections  41  to  43, 
inclusive.) 

FORT   ASSINNIBOINE. 

The  present  area  of  this  reservation  is  about  168,610  acres  with 
metes  and  bounds  as  announced  in  G.  O.  No.  59,  W.  D.,  April  18, 
1908.  The  Post  was  established  May  19,  1879,  under  authority  of  an 
Act  of  Congress  approved  June  18,  1878,  and  lies  within  the  limits 
of  Choteau  County.  As  a  part  of  the  public  domain  the  reservation 
was  declared  by  Executive  Order  dated  June  16,  1881,  in  lieu  of 
reservation  made  by  order  of  March  4,  1880.  It  was  modified,  and 
reservations  for  hay  and  coal  fields  added,  by  order  of  May  2,  1888, 
making  a  total  of  about  704,000  acres  reserved.  This  area  was  re- 
duced October  9,  1891,  by  transferring  the  hay  and  coal  field  reserves 
to  the  Interior  Department. 

Jurisdiction  was  ceded  to  the  United  States  by  Article  II  of  the 
Constitution  of  the  State,  which  provides  as  follows : 

"  SECTION  1.  Authority  is  hereby  granted  to  and  acknowledged  in 
the  United  States  to  exercise  exclusive  legislation  as  provided  by  the 
Constitution  of  the  United  States,  over  the  Military  Reservations  of 
Fort  Assiniboine,  Fort  Custer,  Fort  Keogh,  Fort  Maginnis,  Fort 
Missoula,  and  Fort  Shaw,  as  now  established  by  law,  so  long  as  said 
places  remain  military  reservations,  to  the  same  extent  and  with  the 


218  UNITED   STATES   MILITAKY  RESERVATIONS,  ETC. 

same  effect  as  if  said  reservations  had  been  purchased  by  the  United 
States  by  consent  of  the  Legislative  Assembly  of  the  State  of  Mon- 
tana ;  and  the  Legislative  Assembly  is  authorized  and  directed  to 
enact  any  law  necessary  or  proper  to  give  effect  to  this  article. 

"Provided,  That  there  be,  and  is  hereby,  reserved  to  the  State  the 
right  to  serve  all  legal  process  of  the  State,  both  civil  and  criminal, 
upon  persons  arid  property  found  within  any  of  said  reservations  in 
all  cases  where  the  United  States  has  not  exclusive  jurisdiction." 

See  also  General  Act  of  Cession. 

Easements:  A  right  of  way,  subject  to  the  approval  of  the  Secre- 
tary of  War,  was  granted  to  the  St.  Paul,  Minneapolis  and  Manitoba 
(now  Great  Northern)  Railway  Company,  by  Act  of  Congress,  ap- 
proved February  15,  1887.  Definite  location  approved  by  Secretary 
of  War,  June  6,  1887;  said  right  of  way  to  be  75  feet  each  side  of 
center  line  of  railroad,  with  right  to  take  ground  not  exceeding  300 
feet  in  width,  and  3,000  feet  in  length,  for  station  buildings,  depots, 
machine-shops,  side  tracks,  turn-outs  and  water  stations,  to  the  extent 
of  one  station  for  each  ten  miles  of  its  road. 

Under  authority  of  above  Act,  permission  to.  erect  a  station  house 
was  granted  to  the  above  railway  company  by  the  Secretary  of  War, 
February  19,  1889. 

Under  authority  of  Act  of  Congress,  approved  March  3,  1891,  con- 
ditional right  of  way  was  granted,  January  12,  1904,  to  J.  W.  Clark 
et  al.  to  construct  and  maintain  irrigating  ditches  not  exceeding  60 
feet  in  width  through  the  reservation ;  the  work  of  constructing,  oper- 
ating and  maintaining  said  ditches  to  be  subject  to  the  approval  of 
the  post  commander. 

Authority  given  October  12,  1905,  under  section  6,  Act  of  Congress 
of  July  5,  1884  (23  Stat,  L.,  103),  to  Board  of  County  Commissioners 
of  Choteau  County,  for  county  road  sixty  feet  wide. 

Revocable  Licenses:  License,  May  12,  1896,  to  Broadwater  Pepin 
Company  to  construct,  maintain  and  use  telephone  line  from  reserva- 
tion boundary  near  Havre  to  the  post. 

License,  February  2,  1897,  to  Broadwater,  Pepin  and  Devlin  to 
maintain  a  stock-yard  on  the  reservation  for  a  loading  station. 

License,  February  9,  1898,  to  Mrs.  Mary  Herron  to  reside  and  con- 
duct dairy  business  on  reservation,  subject  to  orders  and  regulations 
of  post  commander. 

License,  January  30, 1904,  to  Henry  J.  Meili  to  construct  and  main- 
tain dam  and  waste  ditch  for  benefit  of  ranchers  residing  along. Big 
Sandy  Creek. 

License,  April  27,  1904,  to  Walter  Brown  to  maintain  a  dam  and 
irrigation  ditch  for  the  purpose  of  taking  water  from  Gravelly 
Coulee. 

License,  August  22,  1905,  to  I.  S.  Moulthrop,  to  conduct  a  steam 
laundry  in  building  known  as  "  Quartermasters  No.  54." 

License,  March  17,  1908,  to  The  Havre  Electric  Company  for  tele- 
phone line  along  right  of  way  of  Montana  Central  Railroad  Co. 

FORT    HARRISON. 

This  reservation  contains  an  area  of  1,040  acres,  and  is  situated 
about  6  miles  west  of  the  City  of  Helena,  in  Lewis  and  Clark  County. 


MONTANA.  219 

The  land  was  acquired  and  post  established  under  an  Act  of  Congress 
approved  May  12,  1892.     The  title  is  as  follows: 

1.  Quit-Claim  Deed   from  Ansalem  J.  Davidson    (Trustee)    and 
wife,  dated  December  31,  1892,  conveying  all  their  right,  title,  and 
interest  in  and  to  Sections  15,  16,  17,  21  and  22,  in  Township  10 
North,  Eange  4  West.     Kecorded  in  Book  32,  page  326,  of  the  deed 
records  of  Lewis  and  Clark  County. 

2.  Quit-claim  Deed   from  Nicholas  Kessler,  dated  February  17, 
1893,  conveying  all  right,  title,  and  interest  in  Section  16,  Township 
10  North,  Range  4  West.     Recorded  in  Book  25,  page  271,  of  same 
records. 

3.  Deed  from  Nicholas  Kessler,  dated  February  17, 1893,  conveying 
the  North  half  of  the  northwest  quarter  of  Section  22,  Township  10 
North,  Range  4  West,  containing  80  acres.     Recorded  in  Book  31, 
page  467,  of  same  records. 

4.  Quit-Claim  Deed  from  the  State  of  Montana,  dated  March  7, 
1893,  conveying  the  east  half  of  Section  16,  Township  10  North, 
Range  4  West.     Recorded  in  Book  32,  page  323,  of  same  records. 

5.  Quit-Claim  Deed  from  Eli  Knobb  and  wife,  dated  March  10, 
1893,  conveying  the  "  Giant  H  "  Quartz-lode  Claim,  600  feet  by  1,500 
feet,  in  Section  16,  Township  10  North,  Range  4  West.     Recorded  in 
Book  25,  page  273,  of  same  records. 

6.  Quit-Claim  Deed  from  Mary  B.  Sperling,  dated  March  21, 1893, 
conveying  part  of  Good  Luck  Mining  Claim,  containing  0.34  acre — 
reserving  right  to  mine,  etc.     Recorded  in  Book  26,  page  141,  of  same 
records. 

7.  Quit-Claim  Deed  from  Northern  Pacific  Railroad  Company,  et 
al.,  dated  March  21, 1893,  conveying  the  West  half  (less  right  of  way 
for  main  line  0.25  acre)   of  Section  15;  the  northeast  quarter;  the 
east  half  of  the  northwest  quarter,  and  northwest  quarter  of  north- 
west quarter,  of  Section  21;  the  southeast  quarter  of  the  southeast 
quarter  of  Section  17,  in  Township  10  North,  Range  4  West,  contain- 
ing 640  acres ;  reserving  a  strip  400  feet  wide  for  right  of  way  for  rail- 
road purposes.     Recorded  in  Book  32,  page  320,  of  same  records. 

8.  Quit-Claim  Deed  from  Jacob  Fisher  and  wife,  dated  April  15, 
1893,  conveying  all  interest  in  Section  16,  Township  10  North,  Range 
4  West.     Recorded  in  Book  25,  page  272,  of  same  records. 

9.  Quit-Claim  Deed  from  H.  W.  Brooks  and  wife,  et  al.,  dated  May 
22,  1893,  conveying  all  right,  title,  and  interest  in  the  East  half  of 
Section  16,  Township  10  North,  Range  4  West,  known  as  the  Red 
Rock  Lode  and  the  Minnie  B.  Lode  mining  claims.     Recorded  in 
Book  29,  page  236,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  Licenses:  License,  February  10,  1903,  by  Commanding 
General,  Department  of  Dakota,  to  I.  S.  Moulthrop  to  construct  and 
maintain  a  sanitary  steam  laundry  on  the  reservation,  under  authority 
of  the  Secretary  of  War,  dated  January  10,  1903. 

License,  November  4,  1904,  to  Helena  Light  &  Traction  Company 
for  electric  railway  on  reservation. 

FORT  KEOGH. 

The  present  area  of  this  reservation  is  about  90  square  miles.  It  is 
situated  in  Custer  County,  and,  being  a  part  of  the  public  domain, 


220  UNITED   STATES   MILITAKY  RESERVATIONS,   ETC. 

was  reserved  for  military  purposes  by  Executive  order  dated  March 
14,  1878.  The  Post  was  established  in  1876,  under  authority  of  an  act 
of  Congress,  approved  July  22,  1876.  By  Act  of  Congress,  approved 
July  30,  1890,  the  reservation  was  reduced  to  its  present  area.  The 
reservation  was  transferred  to  the  Interior  Department,  May  28, 1908, 
but  re-declared  by  Executive  Order  of  January  22,  1909  (G.  O.  No. 
22,  W.  D.,  1909). 

For  jurisdiction  see  Fort  Assinniboine  and  General  Act  of  Cession. 

Easements.  Act  of  Congress,  approved  May  11,  190G  (34  Stat  L 
187)  granted  to  Chicago,  Milwaukee  and  St  Paul  Kailway  Company 
of  Montana  a  right  of  way  for  railway  line,  etc.,  through  reservation. 
Location  approved  Sept.  24,  1906. 

The  Northern  Pacific  Eailroad  Company,  pursuant  to  authority  of 
Act  of  Congress,  approved  July  2,  1864,  had  located  a  right  of  way 
thereon  prior  to  the  establishing  of  the  reservation  for  military  pur- 
poses. 

Permission,  May  9,  1901,  to  Board  of  County  Commissioners  of 
Custer  County  to  extend  county  road  across  the  reservation  and  to 
construct  a  steel  bridge  across  the  Yellowstone  River. 

Location  of  right  of  way  and  station  grounds  of  Montana,  Wyo- 
ming and  Southern  Railway  Co.,  approved  April  6,  1909,  and  June 
16,  1909,  under  Act  of  March  2,  1909. 

Revocable  Licenses:  License,  September  27,  1886,  to  Northern  Pa- 
cific Railroad  Company  and  cattle  and  stock  men  to  drive  cattle  and 
stock  across  the  reservation  from  certain  proposed  stock  pens  to  the 
south  boundary. 

License,  March  27,  1897,  to  Northern  Pacific  Railway  Company  to 
construct  loading  and  unloading  pens  on  the  reservation. 

License,  December  16,  1899,  to  James  H.  McNaney  to  establish  and 
operate  a  ferry  across  the  Yellowstone  River. 

License,  June  10,  1903,  to  Board  of  County  Commissioners  of 
Custer  County  to  construct  corral  and  cutting  pens  at  south  approach 
of  bridge  of  said  county  across  the  Yellowstone  River. 

License,  Sept.  15,  1906,  to  .Rocky  Mountain  Bell  Telephone  Com- 
pany for  telephone  line. 

Lease,  May  17,  1907,  to  Commissioners  of  Custer  County  of  154.84 
acres  for  county  fair  purposes. 

FORT  MISSOULA. 

This  reservation  contains  an  aggregate  of  3,417.41  acres,  of  which 
1,520  acres  belong  to  the  Post  proper  and  1,577.41  acres  to  the  Wood 
and  Timber  reserve.  The  Post  is  situated  on  Bitter  Root  River, 
1  mile  from  Bitter  Root  and  4  miles  from  Missoula.  It  was  estab- 
lished in  June,  1877.  The  Wood  and  Timber  reserve  is  6  miles  south- 
east of  the  Post.  The  reservation  was  declared  by  Executive  order 
dated  February  19,  1877,  and  enlarged  by  Executive  order  dated 
August  5,  1878 ;  and  the  Wood  and  Timber  reserve  was  declared  by 
Executive  order  dated  June  10,  1879.  See  Appendix,  page  496,  post. 

Through  an  error  of  survey,  most  of  the  Post  Buildings  were 
located  on  Section  36,  Township  13  North,  Range  20  West,  instead  of 
Section  31,  Township  13  North,  Range  19  West,  a  section  reserved  for 
military  purposes. 


NEBKASKA.  221 

A  portion  of  section  36  was  purchased  oy  the  citizens  of  Missoula 
for  the  purpose  of  presenting  it  to  the  United  States ;  and  Congress 
by  Act  of  March  19,  1904,  authorized  the  Secretary  of  War  to  accept 
the  donation  of  a  portion  of  said  section,  inter  alia,  and  title  thereto 
has  been  conveyed  by  the  following  deeds : 

1.  Deed  from  Elmer  E.  Hershey,  Trustee,  dated  March  16,  1903, 
conveying  the  N.E.  J  of  Section  36,  Township  13  North,  Eange  20 
West,  containing  160  acres.     Recorded  in  volume  37,  page  63,  deed 
records  of  Missoula  County. 

2.  Deed  from  John  Bonner,  Trustee,  dated  March  16,  1903,  convey- 
ing the  N.  ^  of  N.W.  J  and  N.  ^  of  S.E.  J  of  same  section,  containing 
160  acres.    Recorded  on  page  62  of  same  records. 

For  jurisdiction  see  Fort  Assinniboine  and  General  Act  of  Cession. 

Revocable  Licenses :  License,  August  4, 1904,  to  On  Sing  to  conduct 
a  laundry  heretofore  conducted  by  him  under  permission  of  post 
commander. 

License,  March  31,  1909,  to  W.  P.  Maclay  for  telephone  line. 


This  reservation  contains  an  area  of  1  square  mile  and  is  situated 
on  the  right  bank  of  the  Little  Big  Horn  River.  It  was  formerly 
a  part  of  the  Crow  Indian  Reservation,  and  was  set  apart  by  Execu- 
tive order,  dated  December  7,  1886,  together  with  Fort  Custer,  since 
abandoned. 

For  jurisdiction  see  Fort  Assinniboine  and  General  Act  of  Cession. 

NEBRASKA. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  state  of 
Nebraska  is  hereby  granted  to  the  United  States  of  America  to  pur- 
chase such  grounds  as  may  be  deemed  necessary,  in  the  city  of 
Nebraska  City,  Nebraska,  or  any  other  city  or  incorporated  town  in 
the  state  of  Nebraska,  for  the  erection  thereon  of  buildings  for  the 
accommodation  of  the  United  States  circuit  and  district  courts,  post- 
office,  land  office,  mints  or  any  other  government  office,  and  also  for 
the  purchase  by  the  United  States  of  such  other  lands  within  the 
state  of  Nebraska  as  the  agents  or  authorities  of  the  United  States 
may  from  time  to  time  select  for  the  erection  thereon  of  forts,  maga- 
zines, arsenals,  and  other  needful  buildings. 

"  SEC.  2.  The  jurisdiction  of  the  state  of  Nebraska  in  and  over  the 
lands  mentioned  in  the  preceding  section  shall  be  and  the  same  is 
hereby  ceded  to  the  United  States:  Provided,  That  the  jurisdiction 
hereby  ceded  shall  continue  110  longer  than  the  United  States  shall 
own  or  occupy  said  lands. 

"  SEC.  3.  The  said  consent  is  hereby  given,  and  the  said  jurisdiction 
ceded  upon  the  express  condition  that  the  state  of  Nebraska  shall 
retain  concurrent  jurisdiction  with  the  United  States  in  and  over 
the  said  lands,  so  far  as  that  all  civil  process  in  all  cases  and  such 
criminal  or  other  process  as  may  issue  under  the  laws  or  authority  of 
the  state  of  Nebraska,  against  any  person  or  persons  charged  with 


222  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

crime  or  misdemeanors  committed  within  said  state,  may  be  exe- 
cuted therein,  in  the  same  way  and  manner  as  if  such  consent  had  not 
been  given  or  jurisdiction  ceded,  except  so  far  as  such  process  may 
affect  the  real  and  personal  property  of  the  United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  said  lands  by  purchase 
or  grant ;  and  so  long  as  the  said  lands  shall  remain  the  property  of 
the  United  States,  when  acquired  as  aforesaid,  and  no  longer,  the 
same  shall  be  and  continue  exonerated  and  exempt  from  all  taxes, 
assessments,  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  the  laws  of  this  state."  (Approved  February  23, 
1883.  Compiled  Stats,  of  Neb.,  1901,  p.  1136,  sec.  5097.) 

FORT  CROOK. 

This  reservation  contains  an  area  of  545.67  acres  with  metes  and 
bounds  as  announced  in  G.  O.  178,  W.  D.,  Oct.  18,  1906,  and  is  situ- 
ated in  Sarpy  County,  about  5  miles  southwest  of  the  City  of  Omaha. 
The  Post  was  established  under  authority  of  an  Act  of  Congress  ap- 
proved July  23,  1888,  and  the  title  to  the  lands  acquired  for  the  pur- 
pose is  as  follows: 

1.  Deed  from  Henry  T.  Clarke  and  wife,  dated  September  7,  1889, 
conveying  502.59  acres  of  land.     Recorded  in  Book  V,  page  189,  of 
the  deed  records  of  Sarpy  County. 

2.  Decree  of  Condemnation  for  43.08  acres  in  case  of  The  United 
States  v.  said  land  and  Henry  Zeucher,  defendant,  in  the  District 
Court  of  the  United  States  for  the  District  of  Nebraska.     Decree 
rendered  February  4,  1890,  and  filed  with  the  record  in  the  Clerk's 
Office  of  said  District  Court. 

3.  Deed  from  Henry  T.  Clarke  and  wife,  dated  February  26,  1890, 
conveying  a  right  of  way  for  a  sewer.     Recorded  in  Book  V,  page 
503,  of  the  records  of  Sarpy  County. 

Consent  to  the  purchase  of  this  reservation  was  given,  and  jurisdic- 
tion over  it  was  ceded  to  the  United  States,  by  an  Act  of  the  State 
Legislature  approved  March  30,  1889,  which  provides  as  follows: 

"SECTION  1.  That  the  consent  of  the  State  of  Nebraska  is  hereby 
given  to  the  purchase  or  condemnation  by  the  United  States  of  such 
land  in  Sarpy,  Washington,  or  Douglas  county,  Nebraska,  not  exceed- 
ing one  thousand  acres  in  extent,  as  may  hereafter  be  selected  by  the 
United  States,  as  a  site  for  a  military  post  and  reservation. 

"  SEC.  2.  The  jurisdiction  of  the  state  of  Nebraska  in  and  over  the 
land  mentioned  in  the  preceding  section,  when  purchased  or  con- 
demned by  the  United  States,  shall  be,  and  the  same  hereby  is  ceded 
to  the  United  States:  Provided,  That  the  jurisdiction  hereby  ceded 
shall  continue  no  longer  than  the  said  United  States  shall  own  or 
occupy  the  said  land. 

"  SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  state  of  Nebraska  shall  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
land  so  far  as  that  all  civil  process  in  all  cases,  and  such  criminal  or 
other  process  as  may  issue  under  the  laws  or  authority  of  the  state  of 
Nebraska  against  any  person  or  persons  charged  with  crimes  or  mis- 
demeanors committed  within  said  State,  may  be  executed  therein  in 
the  same  way  and  manner  as  if  such  consent  had  not  been  given  or 


NEBRASKA.  223 

jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real 
and  personal  property  of  the  United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  lands  by  pur- 
chase, grant  or  condemnation,  and  so  long  as  the  said  land  shall 
remain  the  property  of  the  United  States  when  acquired  as  aforesaid, 
and  no  longer,  the  same  shall  be  and  continue  exonerated  from  all 
taxes,  assessments  and  other  charges  which  may  be  levied  or  imposed 
under  the  authority  of  this  state."  (Compiled  Stats,  of  Neb.,  1901, 
p.  1139,  sec.  5115.) 

See  also  General  Act  of  Cession. 

Revocable  License:  March  1,  1906,  to  the  Omaha  &  Southern  Inter- 
urban  Railway  Company,  for  electric  railway. 

HEADQUARTERS   DEPARTMENT   OF   THE    MISSOURI. 

This  reservation,  containing  14,520  square  feet,  is  situated  in  the 
city  of  Omaha.  The  building  in  which  the  offices  are  located,  being 
the  old  Federal  Building,  was  transferred  by  the  Treasury  Depart- 
ment, pursuant  to  an  Act  of  Congress  approved  January  21,  1889. 

The  title  is  as  follows: 

Deed  from  Charles  H.  Downs  and  wife,  dated  May  19,  1870,  con- 
veying 14,520  square  feet  of  land.  Recorded  in  Book  9,  page  211,  of 
the  records  of  Douglas  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   McPHERSON    NATIONAL   CEMETERY. 


This  reservation  contains  an  area  of  107  acres,  of  which  4J  acres 
are  enclosed.  It  is  situated  about  4  miles  from  Maxwell,  in  Lincoln 
County.  The  title  is  as  follows: 

Reserved  from  the  public  domain  for  military  purposes  by  Execu- 
tive orders  of  January  22,  1867,  January  25,  1870,  and  October  11, 
1870 ;  the  reservation  being  known  as  Fort  McPherson,  and  contain- 
ing 19,500*  acres.  The  Post  was  abandoned  and  the  lands  transferred 
to  the  Department  of  the  Interior  by  War  Department  Circular  dated 
January  10,  1887,  reserving  the  above  National  Cemetery  tract  as  the 
same  was  set  apart  by  Executive  order  dated  October  13,  1873. 

FORT  NIOBRARA. 

This  reservation  contains  about  60,000  acres.  It  is  situated  on 
the  Niobrara  River  about  4J  miles  from  Valentine,  in  Cherry 
County.  The  Post  was  established  under  authority  of  an  Act  of  Con- 
gress approved  June  23,  1879,  and  lands,  being  a  part  of  the  public 
domain,  reserved  for  military  purposes  by  Executive  order  dated 
December  10,  1879 ;  enlarged  by  Executive  order  dated  June  6,  1881, 
and  modified  by  Executive  order  dated  April  29,  1884.  By  Executive 
order,  dated  May  7,  1896,  a  tract  of  720  acres  was  transferred  to  the 
Interior  Department  for  disposition. 

An  addition  of  about  25,900  acres  was  made  to  this  reservation  by 
Executive  order  of  June  22,  1904,  making  the  area  as  given  above. 


224  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Revocable  Licenses :  License,  May  25,  J  905,  to  J.  O.  Vincent,  Post- 
master at  Fort  Niobrara,  for  dwelling  and  plot  of  ground  to  be  occu- 
pied in  connection  therewith. 

License,  August  22,  1905,  to  I.  S.  Moulthrop,  as  manager  of  Sani- 
tary Steam  Laundry  Company,  for  laundry  in  "  Building  No.  31." 

License,  April  13,  1906,  to  Cherry  County  Telephone  Company, 
for  telephone  line. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature  approved  March  29,  1887,  and  March  29,  1889.  These 
acts  provide  as  follows: 

"  SECTION  1.  That  the  jurisdiction  of  the  State  of  Nebraska  in  and 
over  the  military  reservations  known  as  Fort  Niobrara  and  Fort 
Robinson  be,  and  the  same  are  hereby,  ceded  to  the  United  States. 

"Provided^  That  the  jurisdiction  hereby  ceded  shall  continue  no 
longer  than  the  United  States  shall  own  and  occupy  said  military 
reservations. 

"  SEC.  2.  The  said  jurisdiction  is  ceded  upon  the  express  condition 
that  the  State  of  Nebraska  shall  retain  concurrent  jurisdiction  with 
the  United  States  in  and  over  the  said  military  reservations  so  far  as 
that  all  civil  process  in  all  cases,  and  such  criminal  or  other  process 
may  issue  under  the  laws  or  authority  of  the  State  of  Nebraska 
against  any  person  or  persons  charged  with  crime  or  misdemeanors 
committed  within  said  State,  may  be  executed  therein  in  the  same 
way  and  manner  as  if  such  jurisdiction  had  not  been  ceded,  except  so 
far  as  such  process  may  affect  the  real  and  personal  property  of  the 
United  States. 

"Provided,  That  nothing  in  the  foregoing  act  shall  be  construed  so 
as  to  prevent  the  opening  and  keeping  in  repair  public  roads  and 
highways  across  and  over  said  reservations."  (Approved  March  29, 
1887.  Published  as  sections  10  and  11,  article  13,  chapter  83,  Com- 
piled Statutes  of  1887.)  . 

"SECTION  l.%  That  section  ten  (10),  article  thirteen  (13),  of  chap- 
ter eighty-three  (83),  of  an  act  ceding  the  jurisdiction  over  the  mili- 
tary reservations  of  Fort  Niobrara  and  Fort  Robinson,  Nebraska,  be 
amended  to  read  as  follows: 

" '  That  the  jurisdiction  of  the  state  of  Nebraska,  in  and  over  the 
reservations  known  as  Fort  Niobrara  and  Fort  Robinson  be,  and  the 
same  are  hereby  ^  ceded  to  the  United  States.' 

"Provided,  That  the  jurisdiction  hereby  ceded  to  the  United  States 
shall  continue  no  longer  than  the  United  States  shall  own  or  occupy 
said  military  reservations. 

"Provided  further,  That  nothing  in  this  act  shall  exempt  any 
property  within  the  limits  of  said  military  reservations  belonging  to 
any  civilian  therein  from  assessment,  levy,  and  collection  of  tax 
which  would  otherwise  be  subject  to  taxation  within  Nebraska, 
except  the  personal  property  of  the  officers  and  enlisted  men  in  the 
service  of  the  United  States  who  may  be  stationed  on  said  military 
reservations,  the  said  personal  property  being  owned  by  said  officers 
and  enlisted  men  for  their  comfort  and  convenience.  Nor  shall  any 
of  the  provisions  of  this  act  in  any  way  interfere  with  any  proper 
officer  of  the  state  of  Nebraska  in  entering  upon  said  reservations 
for  the  purpose  of  assessment  or  collecting  any  taxes  due  said  state. 
Nor  shall  any  of  the  provisions  of  this  act  prevent  the  enforcement 


NEBRASKA.  225 

on  said  military  reservations  of  chapter  fifty  (50)  of  the  Compiled 
Statutes  relating  to  the  license  and  sale  of  intoxicating  liquors. 

"SEC.  2.  That  section  ten  (10),  article  thirteen  (13),  chapter 
eighty-three  (83),  as  now  existing  is  hereby  repealed,  and  this,  the 
section  substituted  in  its  stead:  Provided,  That  all  suits  pending  and 
all  rights  acquired  under  section  hereby  repealed  shall  be  saved  the 
same  as  though  said  section  had  continued  in  force."  (Approved 
March  29,  1889.  Compiled  Stats,  of  Neb.,  1901,  p.  1137,  sec.  5102.) 

See  also  General  Act  of  Cession  and  Appendix,  page  477,  post. 

Easement:  Act  of  Congress  approved  January  21,  1909,  authorized 
the  Chicago  and  Northwestern  Railway  Company,  owner  of  the  rail- 
way constructed  by  the  Fremont,  Elkhorn  and  Missouri  Valley  Rail- 
road Company,  to  change  the  location  of  its  right  of  way  granted 
under  Act  of  Congress  of  February  28, 1883,  and  granting  a  new  right 
of  way  400  feet  wide.  New  location  approved  February  11,  1909. 

OMAHA  DEPOT. 

This  reservation  contains  about  7  acres  of  land  and  is  situated 
adjoining  the  City  of  Omaha,  in  Section  27,  Township  15  North, 
Range  13  East,  of  the  Sixth  Principal  Meridian,  Douglas  County. 

The  title  is  as  follows: 

1.  Deed  from  heirs  of  Jacob  S.  Shull,  dated  August  9,  1879,  con- 
veying 5  acres  of  land.     Recorded  in  Book  30,  page  163,  of  the  records 
of  Douglas  County. 

2.  Quit- Claim  Deed  from  Augustus  Kountze  and  wife,  et  al.,  dated 
September  1,  1879,  conveying  all  interest  in  above  land.     Recorded 
in  Book  30,  page  162,  of  same  records. 

3.  Deed  from  Mary  A.  Elliott,  et  al.,  dated  May  29,  1903,  convey- 
ing a  tract  of  land  therein  described.     Recorded  in  Book  269,  page  25, 
of  same  records. 

4.  Quit-Claim  Deed  from  Albert  Hartsuff  and  wife,  dated  August 
5,  1903,  conveying  a  tract  of  land  therein  described.     Recorded  in 
Book  267,  page  370,  of  same  records.  . 

5.  Deed  from  Mary  A.  Elliott,  et  al.,  elated  February  1,  1904. 
Recorded  in  Book  270  of  Deeds,  page  156,  of  the  records  of  Douglas 
County. 

6.  Quit-claim  deed  from  Albert  Hartsuff  and  wife,  dated  January 
9,  1904 ;  recorded  in  same  Book  at  page  158. 

Jurisdiction  over  this  reservation  was  ceded  to  the  United  States 
by  an  Act  of  the  State  Legislature,  approved  March  2,  1881,  which 
provides  as  follows : 

"  SECTION  1.  That  the  consent  of  the  State  of  Nebraska  is  hereby 
given  to  the  purchase  or  lease  by  the  United  States  of  the  lands  situ- 
ated in  the  City  of  Omaha,  County  of  Douglas,  State  of  Nebraska, 
and  described  as  follows,  to  wit :  [Here  the  5  acres  conveyed  by  deeds 
1  and  2  are  described  by  metes  and  bounds.]  The  provisions  of  this 
act  shall  extend  to  all  additions  to  the  above-described  lands  hereafter 
obtained. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  Nebraska  in  and  over  the 
lands  mentioned  in  the  preceding  section  shall  be,  and  the  same 
hereby  is  ceded  to  the  United  States:  Provided,  the  jurisdiction 
hereby  ceded  shall  continue  no  longer  than  the  said  United  States 
shall  own  or  occupy  said  lands. 
16809—10 15 


226  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

"  SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  Nebraska  shall  retain  con- 
current jurisdiction  with  the  United  States  in  and  over  the  said  lands 
so  far  that  all  civil  process  in  all  cases,  and  such  criminal  or  other 
process  as  may  issue  under  the  law  or  authority  of  the  State  of 
Nebraska  against  any  person  or  persons  charged  with  crime  or  misde- 
meanor committed  within  said  State,  may  be  executed  therein  in  the 
same  way  and  manner  as  if  such  consent  had  not  been  given  or  juris- 
diction ceded,  except  so  far  as  such  process  may  affect  the  real  and 
personal  property  of  the  United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  lands  by  pur- 
chase or  grant,  and  so  long  as  the  said  lands  shall  remain  the  property 
of  the  United  States,  when  acquired  as  aforesaid,  and  no  longer,  the 
same  shall  be  and  continue  exonerated  from  all  taxes,  assessments,  and 
other  charges  which  may  be  levied  or  imposed  under  the  authority  of 
the  State." 

See  also  General  Act  of  Cession. 

FORT   OMAHA. 

This  reservation  contains  an  area  of  82.50  acres  with  metes  and 
bounds  as  announced  in  G.  O.  No.  150,  W.  D.  Aug.  18,  1906.  It  is 
situated  in  the  City  of  Omaha,  Douglas  County.  A  tract  of  40  acres 
was  purchased  in  1868,  which  was  ratified  by  Act  of  Congress, 
approved  March  3,  1873.  An  addition  of  42.50  acres  was  purchased 
in  1882.  The  title  is  as  follows: 

1.  Deed  from  Emerson  S.  Seymour  and  wife,  dated  August  26, 
1868,  conveying  20  acres  of  land.     Recorded  in  Book  4,  page  320,  of 
the  deed  records  of  Douglas  county. 

2.  Deed  from  Charles  B.  Wells  and  wife,  dated  September  4,  1868, 
conveying  20  acres  of  land.     Recorded  in  Book  4,  page  339,  of  same 
records. 

3.  Quit-Claim  Deed  from  Augustus  Kountze  and  wife,  dated  April 
17,  1882,  conveying  42.50  acres  of  land.     Recorded  in  Book  46,  page 
529,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature,  approved  February  23,  1870,  which  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
Nebraska  is  hereby  given  to  the  purchase  or  lease  by  the  United  States, 
of  the  lands  in  Douglas  County,  not  exceeding  one  hundred  acres, 
upon  which  is  located  the  military  post  now  known  as  Omaha  Bar- 
racks. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  Nebraska  in  and  over  the 
lands  mentioned  in  the  preceding  section,  when  purchased  or  leased 
by  the  United  States,  shall  be,  and  the  same  hereby  is  ceded  to  the 
United  States:  Provided,  That  the  jurisdiction  hereby  ceded  shall 
continue  no  longer  than  the  said  United  States  shall  own  or  occupy 
the  said  lands. 

"  SEC.  3.  The  said  consent  is  given  and  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  Nebraska  shall  retain 
concurrent  jurisdiction  with  the  United  States,  in  and  over  the  said 
lands  so  far  that  all  civil  process  in  all  cases,  and  such  criminal  or 
other  process  as  may  issue  under  the  laws  or  authority  of  the  State  of 


NEBRASKA.  227 

Nebraska,  against  any  person  or  persons  charged  with  crime  or  mis- 
demeanor committed  within  said  State,  may  be  executed  therein  in 
the  same  way  and  manner  as  if  such  consent  had  not  been  given  or 
jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real 
and  personal  property  of  the  United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  land  by  pur- 
chase or  grant,  and  so  long  as  the  said  lands  shall  remain  the  property 
of  the  United  States,  when  acquired  as  aforesaid,  and  no  longer,  the 
same  shall  be  and  continue  exonerated  from  all  taxes,  assessments, 
and  other  charges  which  may  be  levied  or  imposed  under  the  au- 
thority of  this  State. 

"  SEC.  5.  It  is  further  enacted  that  any  malicious,  wilful,  reckless, 
or  voluntary  injury  to  or  mutilation  of  the  grounds,  buildings,  or 
appurtenances,  shall  subject  the  offender  or  offenders  to  a  fine  of  not 
less  than  twenty  dollars,  to  which  may  be  added,  for  an  aggravated 
offence,  imprisonment  not  exceeding  six  months  in  the  County  jail  or 
workhouse,  to  be  prosecuted  before  any  court  of  competent  jurisdic- 
tion." 

See  also  General  Act  of  Cession. 

Revocable  Licenses:  Licenses,  April  27,  1905,  and  December  30, 
1909,  to  The  Chicago  &  Northwestern  Kail  way  Company,  for  spur 
tracks. 

License,  March  28,  1906,  covering  continuance  of  use  by  the  public 
of  road  along  northern  boundary. 

License,  May  4,  1907,  to  The  Nebraska  Telephone  Co.  for  telephone 
line. 

FORT   ROBINSON. 

This  reservation  contains  an  area  of  about  36  square  miles,  includ- 
ing the  Wood  and  Timber  reserve,  and  was  a  part  of  the  public 
domain.  It  is  situated  on  White  River,  3  miles  from  Crawford,  in 
Dawes  and  Sioux  Counties.  The  Post  was  established  in  March, 
1874,  and  by  Executive  order  dated  November  14,  1876,  the  reserva- 
tion was  then  declared,  with  an  area  of  7  square  miles  and  199  acres, 
and  this  was  afterwards  enlarged  by  Executive  order  dated  June  282 
1879,  making  the  present  area  at  the  Post  of  20  square  miles.  A 
Wood  and  Timber  reserve,  containing  an  area  of  16  square  miles,  was 
declared  by  Executive  order  dated  November  4,  1879.  This  last 
reserve  is  about  3  miles  from  the  line  of  the  Post  reservation. 

By  Executive  Order,  dated  September  19,  1896,  so  much  of  the 
reservation  as  lay  east  of  the  line  marked  for  the  eastern  boundary  in 
the  survey  of  the  public  lands  adjacent  thereto,, and  described  in  the 
field  notes  and  plats  of  said  survey  on  file  in  the  office  of  the  Com- 
missioner of  Public  Lands  and  Buildings,  at  Lincoln,  Nebraska,  was 
turned  over  to  the  Interior  Department. 

By  Executive  Order,  dated  September  14,  1906  (G.  O.  No.  165,  War 
Department,  October  1,  1906),  a  parcel  of  land  in  the  northwest  cor- 
ner of  the  reservation,  which  had  been  erroneously  included  in 
patents  to  private  parties,  was  transferred  to  the  Interior  Department. 

For  jurisdiction  see  Fort  Niobrara.  See  also  General  Act  of  Ces- 
sion, and  Appendix,  page  477,  post. 

Easements:  Act  of  Congress,  approved  January  20,  1885,  granted 
to  the  Fremont,  Elkhorn  and  Missouri  Valley  Railroad  Company 


228  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

right  of  way  100  feet  in  width  through  the  reservation.  Location  ap- 
proved by  the  Secretary  of  War,  February  1, 1886. 

Act  of  Congress,  approved  March  3,  1891,  granted  to  any  corpora- 
tion, etc.,  right  of  way  through  reservations  of  the  United  States  for 
the  purpose  of  constructing  irrigating  canals  or  ditches.  Location  of 
irrigating  ditch  by  W.  T.  Forbes,  under  authority  of  above  Act, 
approved  by  the  Secretary  of  War,  June  7,  1895. 

Location  of  ditches  by  The  Crawford  Company,  assignees  of  Wm. 
T.  Forbes,  approved  by  the  Secretary  of  War,  November  14,  1896. 

Revocable  Licenses:  License,  December  26,  1889,  to  the  Crawford 
Fair  Association  to  enter  upon  a  portion  of  the  reservation,  plant 
trees  thereon  and  improve  it  for  the  use  of  a  fair  ground. 

License,  July  24,  1896,  to  The  Crawford  Company  to  build  a  small 
house  on  the  reservation. 

License,  January  26,  1900,  to  the  Fremont,  Elkhorn  and  Missouri 
Valley  Railroad  Company  to  occupy  a  portion  of  the  reservation  for 
stock-yard  purposes. 

License,  August  4,  1903,  to  the  Village  of  Crawford  to  place  a  dam 
and  pumping  station,  excavate  a  raceway  and  sink  a  well  upon  the 
reservation. 

License,  April  3, 1906,  to  the  Crawford  Telephone  Company,  Craw- 
ford, Nebraska,  for  telephone  system. 

License,  October  3,  1907,  to  the  Glen  Telephone  Company  for 
telephone  line. 

NEVADA. 

No  Military  Reservations. 

NEW    HAMPSHIRE. 

GENERAL  ACT  OF  CESSION. 

"  SECT.  1.  The  jurisdiction  of  this  state  is  hereby  ceded  to  the 
United  States  of  America  over  all  such  pieces  or  parcels  of  land  within 
the  limits  of  this  state  as  have  been  or  shall  hereafter  be  selected  and 
acquired  by  the  United  States  for  the  purpose  of  erecting  post-offices, 
customs  houses,  or  other  structures  exclusively  owned  by  the  United 
States  and  used  for  its  purposes :  Provided  that  an  accurate  descrip- 
tion and  plat  of  such  lands  so  acquired,  verified  by  the  oath  of  some 
officer  of  the  United  States  having,  knowledge  of  the  facts,  shall  be 
filed  with  the  governor  of  this  state:  And  provided  further,  that 
this  cession  is  upon  the  express  condition  that  the  state  of  New 
Hampshire  shall  retain  concurrent  jurisdiction  with  the  United  States 
in  and  over  all  lands  acquired  or  hereafter  acquired  as  aforesaid,  so 
far  as  that  all  civil  and  criminal  process  issuing  under  authority  of 
this  state  may  be  executed  on  the  said  lands,  and  in  any  buildings 
erected  or  to  be  erected  thereon,  in  the  same  way  and  manner  as  if 
this  act  had  not  been  passed ;  and  exclusive  jurisdiction  shall  revert 
to  and  revest  in  this  state  whenever  the  said  lands  shall  cease  to  be 
the  property  of  the  United  States. 

"  SECT.  2.  The  lands  aforesaid,  when  acquired,  shall  be  forever  ex- 
empt from  all  taxes  and  assessments  so  long  as  the  same  shall  remain 


NEW   HAMPSHIRE.  229 

the  property  of  the  United  States."  (Approved  June  14, 1883.  N.  H. 
Laws,  1883,  p.  5.)  See,  also,  Public  Statutes  and  General  Laws  in 
force  January  1,  1901,  page  59. 

FORT  CONSTITUTION. 

This  reservation  contains  about  12  acres,  with  metes  and  bounds  as 
given  in  G.  O.  No.  .57,  W.  D.,  April  16,  1908.  It  is  situated  on  a 
rocky  projection  in  the  Piscataqua  River  at  the  entrance  to  the  harbor 
of  the  City  of  Portsmouth.  It  is  about  3  miles  below  the  city,  on  the 
west  side  of  the  river,  on  the  eastern  end  of  "Great  Island,"  being  the 
most  eastern  end  of  New  Hampshire.  It  was  formerly  an  English 
fort  called  "William  and  Mary,"  and  was  occupied  by  the  United 
States  troops  in  1806. 

The  title  to  the  original  reservation  was  acquired  and  jurisdiction 
ceded  to  the  United  States  by  acts  of  the  State  Legislature  of 
February  14,  1791,  and  June  18,  1807. 

Under  authority  of  an  Act  of  Congress,  approved  June  6,  1900, 
the  reservation  was  increased  by  the  following  additions : 

1.  Deed  from  Justin  H.  Yeaton  and  wife,  dated  July  19,  1902, 
conveying  3,575  square  feet  of  land.     Recorded  in  Liber  595,  folio  26, 
of  the  records  of  Rockingham  County. 

2.  Deed  from  the  Heirs  of  Eben  Yeaton,  dated  July  19,  1902,  con- 
veying 4,900  square  feet  of  land.     Recorded  in  Liber  595,  folio  20,  of 
same  records. 

3.  Deed  from  the  Heirs  of  Sylvester  Yeaton,  dated  July  19,  1902, 
conveying  certain  land  therein  described.     Recorded  in  Liber  595, 
page  21,  of  same  records. 

4.  Deed  from  Mary  C.  Pridham,  dated  July  19,  1902,  conveying 
about  3,266  square  feet  of  land.     Recorded  in  Liber  595,  folio  22,  of 
same  records. 

5.  Deed  from  John  H.  Rull,  dated  July  19,  1902,  conveying  about 
1,020.8  square  feet  of  land.     Recorded  in  Liber  595,  folio  23  of  same 
records. 

6.  Deed  from  Eliza  A.  Rand,  dated  July  19,  1902,  conveying  cer- 
tain land  therein  described.     Recorded  in  Liber  595,  folio  27,  of  same 
records. 

7.  Deed  from  William  H.  Thompson,  dated  July  19,  1902,  convey- 
ing certain  land  therein  described.     Recorded  in  Liber  595,  folio  24, 
of  same  records. 

8.  Deed  from  Frank  Jones,  dated  July  19,  1902,  conveying  certain 
land  therein  described.     Recorded  in  Liber  595,  folio  35,  of  same 
records. 

9.  Deed  from  Ellen  F.  Osgood,  dated  July  19,  1902,  conveying 
certain  land  therein  described.     Recorded  in  Liber  595,  folio  25,  of 
same  records. 

10.  Deed  from  Alice  G.  Stewart,  dated  August  4,  1902,  conveying 
certain  land  therein  described.     Recorded  in  Liber  595,  folio  159,  of 
same  records. 

11.  Deed  from  Catherine  T.  Preble,  Administratrix,  dated  Novem- 
ber 29,  1902,  conveying  certain  land  therein  described.     Recorded  in 
Liber  588,  folio  148,  of  same  records. 


230  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

The  two  acts  of  the  State  Legislature  referred  to  above  as  ceding, 
jurisdiction  appear  below: 

"Be  it  enacted,  etc.,  that  one  acre  and  three-quarters  of  an  acre  of 
a  certain  neck  of  land  situate  in  Newcastle,  on  Great  Island,  at  the 
entrance  of  Piscataqua  River,  commonly  called  Fort  Point,  to  begin 
at  the  northeasterly  extremity  of  said  point,  and  to  run  southwesterly, 
carrying  the  whole  width  or  said  neck  of  land,  until  a  line  crossing 
said  neck  south  forty  degrees  east  shall  complete  the  aforesaid  acre 
and  three-quarters  of  an  acre  of  land,  together  with  the  fort  and 
light-house  thereon,  be,  and  hereby  are  ceded  to  and  vested  in  the 
United  States  of  America,  with  all  the  jurisdiction  thereof  which  is 
not  reserved  by  this  Act:  Provided,  nevertheless,  and  be  it  further 
enacted,  That  if  the  United  States  shall  at  any  time  neglect  to  keep 
lighted,  and  in  repair  said  light-house,  the  cession  aforesaid  shall  in 
that  case  be  utterly  void  and  of  no  effect:  Provided,  also,  That  all 
writs,  warrants,  executions  and  all  other  processes  of  every  kind,  both 
civil  and  criminal  issuing  under  the  authority  of  this  State,  or  any 
office^  thereof,  may  be  served  and  executed  on  any  part  of  said  land, 
or  in  said  fort,  or  any  other  building  which  now  is,  or  hereafter  may 
be  erected  upon  the  premises  aforesaid,  in  the  same  way  and  manner 
as  though  this  act  had  not  been  passed."  (Passed  February  14, 1791.) 

"  Be  it  enacted,  etc.,  That  the  remainder  of  the  land  at  said  New- 
Castle,  belonging  to  this  State,  being  about  one  acre  and  one  half  of 
an  acre  more  or  less,  be  and  hereby  is  ceded  to  and  vested  in  the 
United  States  of  America,  with  all  the  jurisdiction  thereof  which  is 
not  reserved  by  this  act:  Provided,  nevertheless,  and  be  it  further 
enacted,  That  all  writs,  warrants,  executions,  and  all  other  processes 
of  every  kind,  both  civil  and  criminal  issuing  under  the  authority  of 
this  State,  or  any  officer  thereof,  may  be  served  and  executed  on  any 
part  of  said  land,  or  in  any  fort  or  other  building  which  now  is  or 
hereafter  may  be  erected  upon  said  premises  in  the  same  way  and 
manner  as  though  this  act  had  not  been  passed."  (Approved  June 
18,  1807.) 

See  also  General  Act  of  Cession. 

PORTSMOUTH. 
(Reservation  at.) 

This  reservation  contains  an  area  of  about  GO  acres,  and  is  situated 
partly  in  the  city  of  Portsmouth  and  partly  in  the  town  of  Rye,  in 
Rockingham  County.  The  title  is  as  follows: 

Deed  from  Josiah  F.  Adams,  dated  June  10,  1908,  conveying  the 
entire  tract.  Recorded  in  Liber  639,  Folio  235,  of  the  Records  of 
Rockingham  County. 

For  jurisdiction,  see  General  Act  of  Cession. 

Plat  and  description  of  lands,  properly  verified,  were  filed  with  the 
Governor  of  the  State,  September  29,  1908. 

PORTSMOUTH  GUN  HOUSE. 

This  lot  contains  5,760  square  feet  of  land  and  is  situated  in  the 
City  of  Portsmouth,  in  Rockingham  County.  The  title  is  as  follows : 


NEW   HAMPSHIEE.  231 

Deed  from  the  Selectmen  of  the  town  of  Portsmouth,  dated  August 
20,  1808,  conveying  the  above  lot.  Recorded  in  Liber  4,  folio  51,  etc., 
of  the  deed  records  of  Rockingham  County,  in  Portsmouth. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT  STARK. 

This  reservation  contains  10  acres,  more  or  less,  exclusive  or  right 
of  way,  and  is  situated  in  the  town  of  Newcastle,  in  Rockingham 
County.  The  title  is  as  follows  : 

1.  Deed  from  John  Lamprey  and  wife,  dated  March  14,  1873,  con- 
veying land  known  as  Point  Jerry.     Recorded  in  Book  442,  page  261, 
of  the  deed  records  of  Rockingham  County. 

2.  Deed  from  John  A.  Lamprey,  et  al.,  dated  March  14,  1873,  con- 
veying above  premises.     Recorded  in  Book  438,  page  — ,  of  same 
records. 

3.  Deed  from  Samuel  E.  Barrett,  et  ux.,  dated  December  17,  1907. 
conveying  right  of  way  for  water  pipes  or  mains,  and  for  conduits 
for  electric  wires,  etc.     Recorded  in  Vol.  640,  page   165,  of  same 
records. 

4.  Deed  from  Emily  M.  Niles,  dated  October  6,  1908,  conveying 
right  of  way  for  same  purposes.     Recorded  in  Vol.  640,  page  166,  of 
same  records. 

There  is  no  special  act  ceding  jurisdiction  over  this  battery  to  the 
United  States,  but  jurisdiction  is  believed  to  have  been  ceded  by  the 
general  act  of  the  State  Legislature,  approved  July  12,  1871,  which 
provides  as  follows: 

"  SECTION  1.  That  the  consent  of  the  legislature  of  the  State  of  New 
Hampshire  be,  and  the  same  is  hereby,  given  to  the  purchase  by  the 
government  of  the  United  States,  or  under  the  authority  of  the  same, 
of  any  tract,  piece,  or  parcel  of  land,  from  any  individual  or  individ- 
uals, bodies  politic  or  corporate,  within  the  boundaries  or  limits  of  the 
State,  for  the  purpose  of  erecting  therein  light-houses  and  other  need- 
ful public  buildings  whatever;  and  all  deeds,  conveyances  of  title 
papers  for  the  same,  shall  be  recorded,  as  in  other  cases,  upon  the  land 
records  of  the  county  in  which  the  land  so  conveyed  may  lie ;  and  in 
like  manner  may  be  recorded  a  sufficient  description,  by  metes  and 
bounds,  courses  and  distances  of  any  tract  or  tracts,  legal  divisions  of 
any  public  land  belonging  to  the  United  States,  which  may  be  set 
apart  by  the  general  government  for  any  or  either  of  the  purposes 
before  mentioned,  by  an  order,  patent,  or  other  official  document  or 
papers  so  describing  such  land.  The  consent  herein  and  hereby  given 
being  in  accordance  with  the  seventeenth  clause  of  the  eighth  section 
of  the  first  article  of  the  constitution  of  the  United  States,  and  with 
the  acts  of  Congress  in  such  cases  made  and  provided. 

"  SEC.  2.  The  lots,  parcels,  or  tracts  of  land,  so  selected,  together 
with  the  tenements  and  appurtenances  for  the  purposes  before  men- 
tioned, shall  be  held  exempt  from  taxation  by  the  State  of  New 
Hampshire." 

See  also  General  Act  of  Cession. 

Revocable  License:  License,  November  3,  1881,  to  the  Treasury 
Department  to  occupy  a  portion  of  the  reservation  for  a  life-saving 
station. 


232  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 


NEW  JERSEY. 

BAYSIDE  (POINT  COMFORT). 

This  reservation  contains  an  area  of  25.734  acres  and  is  situated 
near  Point  Comfort,  in  the  township  of  Middletown,  in  Monmouth 
County.  The  title  is  as  follows : 

Deed  from  James  F.  Thomson  and  wife,  dated  May  20,  1892,  con- 
veying 25.734  acres.  Recorded  in  Book  501,  page  241,  etc.,  of  the 
deeds  records  of  Monmouth  County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  March  7,  1893,  which,  after  describing  in  the 
preamble  the  lands  above  conveyed,  provides  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of 
New  Jersey  is  hereby  given  to  the  acquisition  by  the  United  States  of 
the  tract  or  parcel  of  land  above  described,  and  the  same  is  hereby 
ceded  to  the  United  States  of  America ;  upon  the  said  land  so  ac- 
quired the  United  States  may  erect  fortifications,  barracks,  and  other 
public  buildings,  for  the  defence  of  the  southern  or  main  entrance  to 
New  York  harbor,  and  the  United  States  shall  have,  hold,  occupy 
and  own  said  land  thus  acquired,  and  exercise  jurisdiction  and  con- 
trol over  the  same  and  every  part  thereof  subject  to  the  restrictions 
hereafter  mentioned ;  the  same,  however,  not  to  be  used  for  quaran- 
tine purposes. 

"  SEC.  2.  And  be  it  enacted,  That  the  jurisdiction  hereby  ceded 
shall  vest  when  a  plat  and  description  of  the  land  thus  acquired  shall 
have  been  filed  in  the  office  of  the  secretary  of  state  of  the  State  of 
New  Jersey;  such  jurisdiction  shall  continue  no  longer  than  the 
United  States  shall  own  such  land,  and  such  consent  is  given  and 
jurisdiction  ceded  upon  the  express  condition  that  the  State  of  New 
Jersey  shall  retain, concurrent  jurisdiction  with  the  United  States  in 
and  over  such  land  so  far  as  that  all  civil  processes  in  all  cases,  and 
such  criminal  and  other  processes  as  may  issue  under  the  laws  or 
authority  of  the  State  of  New  Jersey  against  any  person  or  persons 
charged  with  crimes,  misdemeanors  or  criminal  offences  committed 
within  the  State  may  be  executed  thereon,  in  the  same  way  and  man- 
ner as  if  such  consent  had  not  been  given  or  jurisdiction  ceded,  except 
so  far  as  such  processes  may  affect  the  real  or  personal  property  of 
the  United  States. 

"  SEC.  3.  And  be  it  enacted,  That  so  long  as  such  land  thus  ac- 
quired shall  remain  the  property  of  the  United  States,  and  no  longer, 
the  same  shall  be  and  continue  exonerated  from  all  taxes,  assessments 
and  other  charges  which  may  be  levied  or  imposed  under  the  author- 
ity of  the  State."  (Gen'l  Stats,  of  N.  J.,  p.  3483,  sec.  61.) 

BEVERLY    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  1  acre,  and  is  situated  at  Beverly, 
in  Burlington  County.  The  title  is  as  follows : 

Deed  from  Joseph  Weyman,  dated  August  25,  18G4,  conveying  1 
acre,  etc.  Recorded  in  Book  C  7,  page  270,  etc.,  of  the  deed  records 
of  Burlington  County,  at  Mount  Holly. 


NEW  JERSEY.  233 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  19,  1872,  providing  as  follows : 

"Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the  same 
is  hereby  given  to  the  purchase  by  the  United  States  of  that  certain 
piece  of  ground  occupied  as  a  national  cemetery,  situate  near  Beverly, 
in  the  county  of  Burlington,  and  known  and  described  as  follows: 
*  *  being  the  same  conveyed  by  Joseph  Weyman  to  the  United 
States  by  deed  dated  August  twenty-fifth,  eighteen  hundred  and 
sixty-four." 

FINN'S  POINT  NATIONAL  CEMETERY. 

Part  of  Fort  Mott  reservation,  and  contains  an  area  of  2J  acres. 
For  title,  see  Fort  Mott. 

FORT    HANCOCK. 

This  reservation  contains  an  area  of  1,366  acres  and  also  a  narrow 
strip  of  land  connecting  the  peninsula  with  the  mainland  of  Navesink 
Highlands,  authorized  to  be  purchased  by  Act  of  Congress  approved 
July  23,  1892..  The  title  is  as  follows: 

.  1.  Deed  from  Richard  Hartshorn,  et  al.,  dated  February  26,  1806, 
conveying  Sandy  Hook  Point.  Recorded  in  Book  2,  folio  442,  etc., 
of  the  deed  records  of  Monmouth  County. 

2.  Deed  from  Richard  Hartshorn  and  wife,  dated  June  17,  1817, 
conveying  the  remainder  of  Sandy  Hook,  excepting  the  Light-House 
Tract.     Recorded  in  Book  A  2,  folio  25,  etc.,  of  same  records. 

3.  Release  of. mortgage  from  Ann  Ustick  to  the  United  States, 
dated  June  17,  1817,  conveying  her  interest  in  above  tract. 

4.  Deed  from  "  The  Highland  Beach  Association,"  dated  July  27, 
1892,  conveying  Lots  2  to  22,  inclusive,  and  all  riparian  rights,  etc., 
with  right  of  way,  etc.     Recorded  in  Book  516,  page  331,  etc.,  of 
same  records.     This  deed  excepts  property  of  New  Jersey  Southern 
Railway  Company. 

5.  Deed  from  "  The  Atlantic  Highlands  Association,"  dated  July 
29,  1892,  conveying  Lot  1   and  riparian  rights,  etc.     Recorded  in 
Book  516,  page  327,  etc.,  of  same  records.     This  deed  also  excepts 
property  of  New  Jersey  Southern  Railway  Company. 

6.  Deed  from  The  New  Jersey  Southern  Railway  Company,  dated 
May  1,  1893,  conveying  the  land  reserved  by  above  deeds  aggregating 
132,000  square  feet,  together  with  certain  railroad  property.     Re- 
corded in  Book  520,  page  252,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature  approved  November  16,  1790,  March  12,  1846,  and  March 
22,  1898,  which  provide  as  follows : 

"  SECTION  1.  Be  it  enacted  by  the  Council  and  General  Assembly 
of  this  State,  and  it  is  hereby  enacted  by  the  authority  of  the  same, 
that  the  jurisdiction  of  this  State  in  and  over  a  lot  of  land  situate  at 
the  point  of  Sandy  Hook,  in  the  County  of  Monmouth,  containing  4 
acres,  on  which  a  light-house  and  other  buildings  are  erected,  shall  be, 
and  the  same  is  hereby,  ceded  to  and  vested  in  the  United  States  of 
America  forever  hereafter."  (Act  of  November  16,  1790.) 

"  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  that 
portion  of  Sandy  Hook,  in  the  county  of  Monmouth,  owned  by  the 
United  States,  lying  north  of  an  east-and-west  line  through  the 


234  UNITED   STATES   MILITAKY   RESERVATIONS,,   ETC. 

mouth  of  Youngs  creek  at  low  water,  and  extended  across  the  island 
or  cape  of  Sandy  Hook  from  shore  to  shore,  and  bounded  on  all  other 
sides  by  the  sea  and  Sandy  Hook  bay,  be,  and  the  same  is  hereby 
ceded  to  the  United  States,  for  military  purposes ;  and  the  said  United 
States  shall  retain  such  jurisdiction  so  long  as  the  said  tract  shall  be 
applied  to  the  military  or  public  purposes  of  said  United  States,  and 
no  longer. 

"  2.  And  l)e  it  enacted,  That  the  jurisdiction  ceded  in  the  first  sec- 
tion of  this  Act,  shall  not  prevent  the  execution  on  the  said  tract  of 
land  of  any  process,  civil  or  criminal,  under  the  authority  of  this 
State,  except  so  far  as  such  process  may  affect  any  of  the  real  or  per- 
sonal property  of  the  United  States  of  America  within  the  said  tract ; 
nor  shall  it  prevent  the  operation  of  the  public  laws  of  this  State 
within  the  bounds  of  the  said  tract,  so  far  as  the  same  may  not  be 
incompatible  with  the  free  use  and  enjoyment  of  the  said  premises  by 
the  United  States  for  the  purposes  above  specified. 

"  3.  And  ~be  it  enacted,  That  all  the  lands  and  tenements  within  the 
aforesaid  boundaries,  so  long  as  the  same  shall  continue  the  property 
of  the  United  States,  and  be  used  for  the  purposes  expressed  in  this 
act,  shall  be  and  remain  exempted  from  all  taxes,  assessments,  and 
other  charges  which  may  be  imposed  under  the  authority  of  this 
State."  (Act  of  March  12,  1846.) 

The  act  of  the  State  Legislature,  approved  March  22,  1898  (Laws 
of  New  Jersey,  1898,  page  142),  gives  consent  to  the  purchase  of  the 
twenty-two  lots  conveyed  by  deeds  numbered  4,  5,  and  G,  ante,  and 
ceded  jurisdiction  thereover,  "  upon  the  express  condition  that  the 
state  of  New  Jersey  shall  retain  concurrent  jurisdiction  with  the 
United  States  in  and  over  such  land  so  far  as  that  all  civil  processes  in 
all  cases,  and  such  criminal  and  other  processes  as  may  issue  under  the 
laws  or  authority  of  the  state  of  New  Jersey  against  any  person  or 
persons  charged  with  crimes,  misdemeanors  or  criminal  offenses  com- 
mitted within  the  state  may  be  executed  thereon,  in  the  same  way  and 
manner  as  if  such  consent  had  not  been  given  or  jurisdiction  ceded, 
except  so  far  as  such  processes  may  affect  the  real  or  personal  prop- 
erty of  the  United  States." 

The  Light-House  Tract  comprises  a  tract  200  feet  by  400  feet  with 
limits  as  agreed  to  by  Department  of  Commerce  and  Labor,  July, 
1909. 

Revocable  Licenses:  License,  March  31,  1853,  to  New  York  and 
Sandy  Hook  Telegraph  Company  to  erect  station  and  string  wires 
on  reservation. 

License,  November  18,  1874,  to  New  York  Merchants  Exchange  and 
News  Association  to  put  up  wooden  building  for  a  telegraph  station 
on  reservation. 

License,  June  2,  1877,  to  Western  Union  Telegraph  Company  to 
erect  marine  observatory  tower  and  to  change  location  of  existing 
station. 

License,  July  24,  1882,  to  Treasury  Department  to  erect  frame 
building  for  the  temporary  storing  of  boats  and  other  life-saving 
appliances. 

License,  December  17,  1885,  to  Inspector  of  Life  Saving  Stations 
to  change  location  of  station  at  Sandy  Hook. 

License,  April  12,  1889,  to  Treasury  Department  to  change  location 
of  life-saving  station  at  Sandy  Hook. 


NEW   JERSEY.  235 

License,  January  21,  1892,  to  Treasury  Department  to  place  a  fog- 
signal  on  "the  wrecks"  at  Sandy  Hook. 

License,  April  26,  1892,  to  Treasury  Department  to  run  land  wires 
from  dynamo  house  to  connect  with  cable  for  purpose  of  lighting 
turning  buoy. 

License,  August  29,  1894,  to  Treasury  Department  to  land  tele- 
phone cable  for  use  of  Light  House  Board. 

License,  January  3,  1895,  to  Treasury  Department  to  increase  size 
of  lot  occupied  as  life-saving  station. 

License,  November  11,  1897,  to  Postal  Telegraph-Cable  Company 
to  erect  poles  and  small  signal  tower  on  reservation. 

License,  June  17,  1902,  to  International  Committee  of  Young  Men's 
Christian  Association  to  erect  and  maintain  a  building  on  the  reser- 
vation. License  given  in  accordance  with  Act  of  Congress,  approved 
May  31,  1902. 

License,  December  9,  1904,  to  Postal  Telegraph-Cable  Company  for 
water  supply  and  sewer  for  its  building. 

License,  July  2,  190G,  to  Weather  Bureau,  Department  of  Agricul- 
ture, to  erect  meteorological  observatory. 

FORT  MOTT. 

The  reservation,  formerly  called  Finn's  Point,  contains  an  area  of 
146.10  acres  of  land,  with  metes  and  bounds  as  given  in  G.  O.  No.  81, 
W.  D.,  April  9, '1907,  and  is  situated  on  the  Delaware  River  in  the 
township  of  Lower  Penns  Neck,  6  miles  from  the  town  of  Salem,  in 
Salem  County.  The  title  is  as  follows: 

1.  Deed  from  John  G.  Mason,  et  al.,  Executors,  etc.,  dated  July  15, 
1837,  conveying  104.35  acres.     Recorded  in  Liber  U  U,  folio  85,  etc., 
of  the  deed  records  of  Salem  County. 

2.  Decree  of  condemnation  for  41.75  acres,  in  a  cause  entitled  the 
United   States   ?\  Edward  S.  Sharp,  in  the  District  Court  of  the 
United  States  for  the  District  of  New  Jersey.     Rendered  March  11, 
1901,  and  affirmed  per  mandate  of  Supreme  Court  of  the  United 
States,  June  29,  1904.     Decree  filed  in  Clerk's  Office  of  District  Court, 
District  of  New  Jersey. 

Jurisdiction  over  the  tract  acquired  in  1837  was  ceded  to  the 
United  States  by  acts  of  the  State  Legislature,  approved  April  6, 
1871,  and  February  1,  1872,  which  provide  as  follows : 

"Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the  same 
is  hereby,  given  to  the  erection  of  defenses  on  Finn's  Point  by  the 
United  States;  the  consent  herein  and  hereby  given  being  as  pro- 
vided in  the  seventeenth  clause  o^the  eighth  section  of  the  first  article 
of  the  constitution  of  the  United  States,  and  in  the  acts  of  Congress 
in  such  case  made  and  provided."  (Approved  April  6,  1871.) 

"Be  it  enacted,  etc.,  That  the  act  entitled  'An  act  giving  the  consent 
of  the  State  of  New  Jersey  to  the  erection  of  defenses  at  Finn's  Point, 
New  Jersey,'  approved  April  sixth,  1871,  shall  be  so  construed  as  to 
give  the  consent  of  the  State  to  the  purchase  by  the  United  States  of 
the  land  on  Finn's  Point,  for  the  erection  of  fortifications  thereon." 
(Approved  February  1,  1872.) 

By  act  approved  February  13,  1900  (Laws  of  New  Jersey,  1900, 
p.  11),  consent  was  given  and  jurisdiction  ceded  over  the  41.75  acres 
acquired  under  decree  of  March  11,  1901,  affirmed  in  1904  (No.  2, 


236  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

ante},  "  upon  the  express  condition  that  the  State  of  New  Jersey  shall 
retain  concurrent  jurisdiction  with  the  United  States  in  and  over  the 
said  land,  so  far  as  that  all  civil  process  in  all  cases,  and  such  criminal 
or  other  process  as  may  issue  under  the  laws  or  authority  of  the  State 
of  New  Jersey  against  any  person  or  persons  charged  with  crimes  or 
misdemeanors  committed  within  the  State,  may  be  executed  therein 
in  the  same  way  and  manner  as  if  said  consent  had  not  been  given  or 
jurisdiction  ceded,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States." 

RED   BANK     (MONUMENT    SITE). 

This  reservation,  containing  400  square  feet,  is  situated  8  miles  be- 
low the  City  of  Philadelphia,  at  Red  Bank,  on  the  east  shore  of 
the  Delaware  River  in  the  township  of  West  Deptford,  Gloucester 
County.  The  title  is  as  follows: 

Deed  from  Benjamin  P.  Heritage  and  wife,  dated  May  16,  1872, 
conveying  100  acres.  Recorded  in  Book  N  5,  page  219,  etc.,  of  the 
deed  records  of  Gloucester  County,  at  Woodbury. 

By   Executive   Order,   dated   December   15,   1903,   the   President    • 
directed  the  transfer,  to  take  effect  March  25,  1904,  to  the  Interior 
Department  of  all  the  above  tract  with  the  exception  of  the  monu- 
ment site  twenty  feet  square. 

Jurisdiction  ceded  to  the  United  States  by  the  following  act  of  the 
State  Legislature,  approved  March  12,  1873 : 

"  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the 
same  is  hereby,  given  to  the  purchase  by  the  United  States,  for  the 
purpose  of  erecting  thereon  forts  and  other  needful  buildings,  of  a 
certain  tract  of  land,  containing  one  hundred  acres,  more  or  less, 
situated  at  Red  Bank,  on  the  east  bank  of  the  Delaware  River,  in  the 
township  of  West  Deptford,  and  county  of  Gloucester,  in  said  State ; 
being  the  same  premises  described  by  metes  and  bounds  in  a  deed  of 
conveyance  of  the  same  to  the  United  States  of  America  by  Benjamin 
P.  Heritage  and  Margaret,  his  wife,  dated  May  sixteenth,  one  thou- 
sand eight  hundred  and  seventy-two,  and  recorded  in  the  clerk's  office 
of  said  county,  at  Woodbury,  in  book  N  five  of  deeds,  page  two  hun- 
dred and  nineteen,  and  so  forth." 

UNITED  STATES  POWDER  DEPOT. 

This  reservation  contains  1,866.12  acres,  and  is  situated  in  the 
townships  of  Rockaway  and  Jefferson,  in  Morris  County.  The  title 
is  as  follows : 

1.  Deed  from  George  E.  Righter,  dated  June  26,  1880,  conveying 
1,195.80  acres.     Recorded  in  Book  L  10,  page  16,  etc.,  of  the  deed 
records  of  Morris  County. 

2.  Deed  from  Uel  H.  Wiggins  and  wife,  dated  July  17,  1880,  con- 
veying 167.32  acres.     Recorded  in  Book  L  10,  page  22,  etc.,  of  same 
records. 

3.  Deed  from  Edward  C.  Fiedler  and  wife,  et  al.,  dated  July  30, 
1880,  conveying  304.20  acres.    Recorded  in  Book  L  10,  page  315,  etc., 
of  same  records. 

•4.  Deed  from  Henry  Doland,  et  al.,  dated  August  20,  1880,  con- 
veying 11  acres._  Recorded  in  Book  M  10,  page  463,  etc.,  of  same 
records. 


NEW    MEXICO.  237 

5.  Deed  from  John  E.  Kindred,  dated  March  5,  1881,  convey- 
ing 187.80  acres.  Recorded  in  Book  N  10,  page  328,  etc.,  of  same 
records. 

Jurisdiction  ceded  to  the  United  States  by  the  following  act  of  the 
State  Legislature,  approved  March  10,  1880 : 

"Be  it  enacted,  etc.,  That  the  consent  of  the  legislature  of  New 
Jersey  be,  and  the  same  is  hereby  given,  to  the  purchase  by  the  gov- 
ernment of  the  United  States,  or  under  the  authority  of  the  same,  of 
any  tract,  piece  or  parcel  of  land  from  any  individual  or  individuals, 
bodies  politic  or  corporate,  within  the  boundaries  or  limits  of  the 
State,  for  the  purpose  of  erecting  thereon  magazines  and  other  need- 
ful buildings  to  be  used  as  a  powder  depot  for  the  ordnance  depart- 
ment of  the  United  States  Army;  and  all  deeds,  conveyances  of  title 
papers  for  the  same,  shall  be  recorded  as  in  other  cases  upon  the  land 
records  of  the  county  in  which  the  land  so  conveyed  may  be ;  the  con- 
sent herein  and  hereby  given  being  in  accordance  with  the  seven- 
teenth clause  of  the  eighth  section  of  the  first  article  of  the  constitu- 
tion of  the  United  States,  and  with  the  acts  of  Congress  in  such  cases 
made  and  provided." 

Easement:  Act  of  Congress,  approved  May  6,  1886,  granted  a  right 
of  way  to  the  Morris  County  Railroad  Company.  Location  ap- 
proved, November  13,  1886. 

NEW  MEXICO. 

FORT  BAYARD. 

This  reservation  contains  about  20  square  miles  and  533  acres.  It 
is  situated  2  miles  from  Halls,  on  the  Silver  City  and  Northern 
Railroad,  in  Grant  County.  The  title  is  as  follows : 

By  Executive  Order  of  April  19,  1869,  the  original  reservation 
was  made,  containing  nearly  14  square  miles,  a  Post  having  been 
established  thereon  August  21,  1866. 

By  Executive  Order  of  July  15,  1905  (G.  O.  145,  W.  D.,  August 
26,  1905),  a  tract  of  28  acres  (28  rods  wide  and  160  rods  long),  lying 
along  the  north  boundary,  was  placed  under  the  control  of  the  Secre- 
tary of  the  Interior  under  Act  of  July  5,  1884  (23  Stat,  L.,  103),  the 
same  having  been,  through  error  of  Interior  Department,  included 
in  patents  to  a  private  party. 

By  Executive  Order  of  July  14,  1906  (G.  O.  No.  134,  W.  D.,  July 
24,  1906),  the  boundaries  were  modified  to  conform  to  plats  of  Gen- 
eral Land  Office,  and  to  include  a  strip  80  links  wide  between  the  west 
boundary  and  the  section  line. 

Lands  to  the  north  and  northeast  of  the  reservation,  aggregating 
about  4,493  acres,  were  reserved  and  purchased  for  the  protection  of 
the  water  supply  of  Fort  Bayard,  as  follows : 

1.  Executive  Order  of  May  23,  1907  (G.  O.  120,  W.  D.,  June  3, 
1907),  reserving  several  tracts  aggregating  about  1,560  acres  within 
the  limits  of  the  Gila  National  Forest. 

2.  Executive  Order  of  July  23,  1908  (G.  O.  126,  W.  D.,  August  10, 
1908),  reserving  several  tracts  aggregating  about  557  acres. 


238  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

3.  Executive   Order  of  November   13,   1908    (G.   O.   1ST,  W.   D., 
November  25,  1908),  reserving  80  acres. 

4.  Warranty  deed  from  Thomas  E.  Harrington,  et  ux.,  dated  Au- 
gust 31,  1907,  conveying  322.41  acres.     Recorded  in  Book  47,  pages 
79  and  80  of  the  Deed  Eecords  of  Grant  County. 

5.  Quitclaim  deed  from  Frank  W.  Eaton,  Jr.,  et  ux.,  dated  August 
21, 1907,  conveying  120  acres.    Eecorded  in  Book  47,  pages  57  and  58, 
of  same  records. 

6.  Quitclaim  deed  from  Charles  Eaton,  dated  August  21,  1907. 
conveying    160    acres.      Recorded    in    Book    47,   page    56,   of   same 
records. 

7.  Quitclaim  deed  from  Albert  Eaton,  dated  August  21,  1907,  con- 
veying 160  acres.     Recorded  in  Book  47,  pages  56  and  57,  of  same 
records. 

8.  Warranty  deed  from  Minnie  A.  Paeske,  widow,  dated  February 
15,  1908,  conveying  160  acres.    Recorded  in  Book  47,  pages  153  and 
154,  of  same  records. 

9.  Warranty  deed  from  Charles  Stephens,  et  ux.,  dated  August  20, 
1908,  conveying  26  acres.    Recorded  in  Book  47,  pages  238  and  239, 
of  same  records. 

10.  Warranty  deed  from  Melvin  E.  McElyain,  et  ux.,  dated  August 
28,  1908,  conveying  344  acres.     Recorded  in  Book  47,  pages  81-83, 
of  same  records.     Title  to  this  tract  also  acquired  under  decree  in 
condemnation  of  March  203  1908. 

11.  Deed  from  E.  A.  Wayne,  Trustee  Estate  of  Comanche  Mining 
and  Smelting  Company,  dated  April  18,  1908,  conveying  certain  sub- 
divisions aggregating  612  acres;  also  servitude  for  pipe  lines.     Re- 
corded in  Book  47,  pages  162-164,  of  same  records. 

12.  Warranty  deed  from  Charles  Stephens,  et  ux.,  dated  August  27, 
1907,  conveying  391.7  acres.    Recorded  in  Book  47,  pages  80  and  81, 
of  same  records.    Title  to  this  tract  was  also  acquired  under  decree 
in  condemnation  of  March  20,  1908. 

Revocable  License:  License,  Aug.  15,  1907,  to  Forest  Service, 
Dept.  of  Agriculture  for  telephone  line. 

SANTA  FE  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  9.44  acres  and  is  situated  at 
Santa  Fe,  in  Santa  Fe  County.  The  title  is  as  follows : 

1.  Deed  from  John  B.  Lamy,  Bishop  of  Sante  Fe,  dated  July  2, 
1870,  conveying  a  tract  by  metes  and  bounds  containing  16,900  square 
feet.     Recorded  in  Book  E,  page  394,  etc.,  of  the  deed  records  of 
Santa  Fe  County. 

2.  Deed  from  John  B.  Lamy,  Bishop  of  Santa  Fe,  dated  October 
11,  1875,  conveying  1.95  acres,  with  right  of  way,  etc.     Recorded  in 
Book  H,  page  364,  etc.,  of  same  records. 

3.  Decree  of  condemnation  for  7.10  acres  in  the  District  Court  of 
the  United  States,  for  the  First  Judicial  District,  of  the  Territory  of 
New  Mexico.     Decree  rendered  January  30  1894,  and  filed  in  the 
Clerk's  Office  of  said  court. 

The  above  sale  of  cemetery  property  by  the  Bishop  of  Santa  Fe  was 
confirmed  by  an  act  of  the  Legislature  of  the  Territory  of  New  Mexico 
approved  December  21,  1875. 


NEW   YORK.  239 

FORT    WINGATE. 

This  reservation  contains  an  area  of  about  115  square  miles  and  is 
situated  in  McKinley  County  on  the  line  of  the  Atlantic  and  Pacific 
Railroad,  in  Townships  13,  14  and  15  North,  Ranges  15,  16  and  17 
West  of  the  NeAV  Mexico  Principal  Meridian.  Taken  from  the  pub- 
lic domain  by  Executive  Order,  reserving  100  square  miles  for  mili- 
tary purposes,  dated  February  18,  1870.  Reservation  enlarged  by 
Executive  order  dated  March  26,  1881,  by  adding  30  square  miles  for 
the  purpose  of  supplying  Post  with  timber,  etc. ;  but  the  order  was 
ineffectual  as  to  the  odd-numbered  sections  within  the  addition — the 
rights  of  the  Atlantic  and  Pacific  Railroad  Company  having  at- 
tached prior  to  the  order  of  reservation. 

Easement. — The  Atchison.  Topeka  and  Santa  Fe  Railroad  Com- 
pany, successor  to  the  Atlantic  and  Pacific  Railroad  Company,  has 
a  right  of  way  across  the  reservation  under  Act  of  Congress  of  July 
27,  1866  (14  Stat.  L.,  294).  See  Railroad  Company  v.  Baldwin,  103 
U.  S.,  426. 

fie  vocable  Licenses. — License,  October  2,  1903,  to  John  P.  F. 
Bloomfield  to  occupy  and  use  for  dairy  and  garden  purpose  a  portion 
of  the  reservation  known  as  the  milk  ranch. 

License,  June  27,  1904,  to  the  Santa  Fe  Pacific  Railroad  Company 
to  use  the  water  of  Springs  Nos.  1  and  2,  known  as  West  Spring,  and 
lay  a  pipe  therefrom  to  Wingate  Station. 

License,  April  16,  1906,  to  Gallup  Automatic  Telephone  Exchange 
for  telephone  line. 

NEW  YORK. 

For  a  list  of  places  over  which  the  State  of  New  York  has  ceded 
jurisdiction  to  the  United  States,  see  Revised  Statutes  of  New  York, 
1901,  Birdseye,  Vol.  3,  page  3339,  et  seq. 

GENERAL    ACT   OF    CESSION. 

"  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given 
to  the  purchase  by  the  government  of  the  United  States,  ana  under 
the  authority  of  the  same,  of  any  tract,  piece  or  parcel  of  land  from 
any  individual  or  individuals,  bodies  politic  or  corporate  within  the 
boundaries  of  this  state,  situate  upon  or  adjacent  to  the  navigable 
waters  thereof,  for  the  purpose  of  erecting  thereon  light-houses, 
beacons,  light-house  keepers'  dwellings,  works  for  improving  naviga- 
tion, post-offices,  custom-houses,  fortifications,  and  all  deeds,  convey- 
ances or  other  papers  relating  to  the  title  thereof  shall  be  recorded  in 
the  office  of  the  register  or  county  clerk  of  the  county  where  the  said 
lands  are  situated. 

"  §  2.  Whenever  the  United  States  is  desirous  of  purchasing  or 
acquiring  the  title  to  any  tract,  piece  or  parcel  of  land  within  the 
boundaries  of  this  state  for  any  of  the  purposes  aforesaid,  and  can  not 
agree  with  the  owner  or  owners  thereof  as  to  the  purchase  thereof, 
or  if  the  owners  of  any  of  said  lands  are  unknown,  infants,  of 
unsound  mind,  of  nonresidents,  or  if  for  any  other  reason  a  perfect 
title  can  not  be  made  to  said  lands,  or  any  part  thereof,  the  United 


240  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

States,  by  any  agent  authorized  under  the  hand  and  seal  of  any  head 
of  an  executive  department  of  the  government  of  the  United  States, 
is  authorized  to  apply  to  the  supreme  court  of  the  state,  in  and  for 
the  county  within  which  the  said  lands  are  situated,  to  have  the  said 
lands  condemned  for  the  use  and  benefit  of  the  United  States,  under 
the  provisions  of  the  statutes  of  this  state  applying  to  condemnation 
of  lands. 

"  §  3.  Whenever  the  United  States,  by  any  agent  authorized  under 
the  hand  and  seal  of  any  head  of  an  executive  department  of  the 
government  of  the  United  States,  shall  cause  to  be  filed  and  recorded 
in  the  office  of  the  secretary  of  state  of  the  state  of  New  York,  cer- 
tified copies  of  the  record  of  transfer  to  the  United  States  of  any 
tracts  or  parcels  of  land  within  this  state,  which  have  been  acquired 
by  the  United  States  for  any  of  the  purposes  aforesaid,  together  with 
maps  or  plats  and  descriptions  of  such  lands  by  metes  and  bounds, 
and  a  certificate  of  the  attorney-general  of  the  United  States  that  the 
United  States  is  in  possession  of  said  lands  and  premises  for  either 
of  the  works  or  purposes  aforesaid,  under  a  clear  and  complete  title, 
the  governor  of  this  state  is  authorized,  if  he  deems  proper,  to  exe- 
cute in  duplicate,  in  the  name  of  the  state  and  under  its  great  seal,  a 
deed  or  release  of  the  state  ceding  to  the  United  States  the  jurisdic- 
tion of  said  tracts  or  parcels  of  land  as  hereinafter  provided. 

"  §  4.  The  said  jurisdiction  so  ceded  shall  be  upon  the  express  con- 
dition that  the  state  of  New  York  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  on  and  over  the  property  and  premises  so 
conveyed,  so  far  as  that  all  civil  and  criminal  process,  which  may 
issue  under  the  laws  or  authority  of  the  state  of  New  York,  may  be 
executed  thereon  in  the  same  way  and  manner  as  if  such  jurisdiction 
had  not  been  ceded,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States. 

"  §  5.  The  said  property  shall  be  and  continue  forever  thereafter 
exonerated  and  discharged  from  all  taxes,  assessments  and  other 
charges,  which  may  be  levied  or  imposed  under  the  authority  of  this 
state;  but  the  jurisdiction  hereby  ceded  and  the  exemption  from  tax- 
ation hereby  granted,  shall  continue  in  respect  to  said  property  so 
long  as  the  same  shall  remain  the  property  of  the  United  States,  and 
be  used  for  the  purposes  aforesaid,  and  no  longer. 

"  §  6.  One  of  the  deeds  or  leases  so  executed  in  duplicate  shall  be 
delivered  to  the  duly  authorized  agent  of  the  United  States,  and  the 
other  deed  or  release  shall  be  filed  and  recorded  in  the  office  of  the 
secretary  of  state  of  the  state  of  New  York ;  and  said  deed  or  release 
shall  become  valid  and  effectual  only  upon  such  filing  and  recording 
in  said  office. 

"  §  7.  The  secretary  of  state  shall  cause  to  be  printed  in  the  session 
laws  of  the  year  succeeding  file  in  his  office  of  said  deed,  a  statement 
of  the  date  of  the  application  of  the  United  States  for  said  deed  and 
a  copy  of  the  description  of  the  lands  so  conveyed  or  ceded,  together 
with  the  date  of  the  recording  of  said  deed  in  the  office  of  the  said 
secretary  of  state. 

"  §  8.  This  act  shall  not  apply  to  the  colinty  of  Orange." 

(Approved  April  17,  1896.  Laws  of  New  York,  1896,  Vol.  1,  p. 
377.  Rev.  Stats,  of  N.  Y.,  Birdseye,  1901,  Vol.  3,  page  3365.) 


NEW   YOEK.  241 

ARMY   BUILDING. 

This  property,  formerly  the  Old  Produce  Exchange,  was  purchased 
for  Army  purposes  under  the  provisions  of  an  Act  of  Congress 
approved  February  2,  1886.  It  is  situated  in  the  city  of  New  York, 
and  bounded  by  Whitehall,  Pearl,  Moore,  and  Water  Streets.  The 
title  is  as  follows: 

Deed  from  the  New  York  Produce  Exchange,  dated  March  27, 
1886,  conveying  the  above  property,  and  recorded  in  the  Office  of  the 
Register  of  the  City  and  County  of  New  York  in  Liber  1955,  page  73. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  passed  March  10,  1886,  which  provides  as  follows : 

"  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given 
to  the  acquisition  by  the  United  States  by  purchase,  in  conformity 
with  the  laws  of  the  state  of  New  York,  of  certain  lands  and  grounds 
situate  in  the  city  of  New  York,  bounded  by  Whitehall,  Pearl,  Moore, 
and  Water  streets,  together  with  the  building  thereon  known  as  the 
Old  Produce  Exchange ;  and  the  said  United  States  shall  have,  hold, 
occupy  and  own  the  said  lands  when  thus  acquired  and  exercise 
jurisdiction  and  control  over  the  same  and  every  part  thereof,  sub- 
ject to  the  restrictions  hereafter  mentioned. 

"  SEC.  2.  The  jurisdiction  of  the  state  of  New  York,  in  and  over 
the  said  lands  mentioned  in  the  foregoing  section,  when  acquired  by 
the  United  States,  shall  be  and  the  same  is  hereby  ceded  to  the  United 
States,  but  the  jurisdiction  hereby  ceded  shall  continue  no  longer 
than  the  said  United  States  shall  own  the  said  lands. 

"  SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  state  of  New  York  shall  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
land  or  lands  so  far  as  that  all  civil  process  in  all  cases,  and  such 
criminal  or  other  process  as  may  issue  under  the  laws  or  authority  of 
the  state  of  New  York  against  any  person  or  persons  charged  with 
crimes  or  misdemeanors  committed  within  the  state,  may  be  executed 
therein  in  the  same  way  and  manner  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect 
the  real  or  personal  property  of  the  United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  land  or  lands 
by  purchase  or  condemnation  in  conformity  with  the  laws  of  this 
state  and  so  long  as  said  land  or  lands  shall  remain  the  property  of 
the  United  States  when  acquired  as  aforesaid,  and  no  longer;  the 
same  shall  be  and  continue  exonerated  from  all  taxes,  assessments 
and  other  charges  which  may  be  levied  or  imposed  under  the  author- 
ity of  the  state."  (Passed  March  10,  1886.  Rev.  Stats,  of  N.  Y.  8th 
ed.  Vol.  1,  p.  234.) 

See  also  General  Act  of  Cession. 

CYPRESS    HILLS    NATIONAL    CEMETERY. 

This  reservation,  established  as  a  National  Cemetery  in  1862,  com- 
prises the  upper  and  lower  cemeteries,  the  former  containing  2.75 

16809—10 16 


242  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

acres  and  the  latter  15.39  acres,  making  a  total  of  18.14  acres.     It  is 
situated  at  Brooklyn,  on  Long  Island.     The  title  is  as  follows: 

1.  Deed    from   the    Cypress   Hills   Cemetery    Corporation,    dated 
March  29,  1870,  conveying  two  plats  in  said  cemetery.     Recorded  in 
the  Clerk's  Office  for  Queens  County,  in  Liber  342,  page  380. 

2.  Deed  from  Isaac  Snediker  and  wife,  dated  May  22,  1884,  con- 
veying "  upwards  of  15  acres  of  land."     Recorded  in  Register's  Office 
Kings  County,  Liber  1569,  page  348. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature  passed  April  2,  1884,  which  provides  as  follows : 

"  SECTION  1.  The  jurisdiction  of  this  state  over  a  certain  piece  or 
parcel  of  land,  situate  partly  in  the  town  of  New  Lots,  Kings  County, 
and  partly  in  the  town  of  Newtown,  Queens  County,  containing  fif- 
teen and  thirty-nine  one-hundredths  acres,  an  accurate  description 
and  plat  of  which,  sworn  to  by  an  officer  of  the  United  States,  has 
been  deposited  in  the  office  of  the  secretary  of  the  state  of  New  York, 
is  hereby  ceded  to  the  United  States  of  America,  for  the  purpose  of 
establishing  a  national  cemetery  whenever  said  land  shall  be  acquired 
by  the  United  States :  Provided,  that  this  cession  is  upon  the  express 
condition  that  the  state  of  New  York  shall  retain  concurrent  juris- 
diction with  the  United  States  in  and  over  said  land,  when  acquired 
as  aforesaid,  so  far  as  that  all  civil  and  criminal  process  issuing 
under  the  authority  of  this  state  may  be  executed  on  said  land  in  the 
same  way  and  manner  as  if  this  act  had  not  been  passed ;  and  exclu- 
sive jurisdiction  shall  revert  to  this  state  whenever  said  land  shall 
cease  to  be  the  property  of  the  United  States. 

"  SEC.  2.  The  land  aforesaid,  when  acquired,  shall  be  forever 
exempt  from  all  taxes  and  assessments  so  long  as  the  same  shall  re- 
main the  property  of  the  United  States.  (Passed  April  2, 1884.  Rev. 
Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  232.) 

rOBT    HAMILTON. 

This  reservation  contains  an  area  of  155.60  acres  more  or  less, 
with  metes  and  bounds  as  announced  in  G.  O.  No.  122,  W.  D.,  Aug. 
5,  1908.  It  is  situated  on  the  southwest  shore  of  Long  Island  5J 
miles  south  of  the  "  Battery  "  of  New  York  City,  commanding  the 
"  Narrows."  The  title  is  as  follows : 

1.  Deed  from  The  Mayor,  Aldermen,  and  Commonalty  of  the  City 
of  New  York,  dated  May  30,  1814,  conveying  60  acres  1  Rood  and  6 
perches  of  land  in  New  Utrecht.     Recorded  in  the  Clerk's  Office  of 
Kings  County,  in  Liber  11,  page  171. 

2.  A  tract  of  17  acres,  14  perches  and  105  yards  was  acquired  by 
condemnation,  September  11,  1826,  under  Acts  of  November  27,  1824, 
and  April  17,  1826,  post. 

3.  Deed  from  Julia  Delaplaine,  dated  September  9,  1862,  convey- 
ing 21  Acres  2  Roods  and  25.789  perches  of  land  in  New  Utrecht. 
Recorded  in  the  Register's  Office  of  Kings  County,  in  Liber  585,  page 
157.     Purchase  made  by   authority   of   Act  of  Congress   approved 
February  20,  1862.     Confirmed  by  Act  of  June  23,  1874. 

4.  Deed  from  George  S.  Gelston  and  wife,  dated  March  24,  1852, 
conveying,  by  way  of  exchange,  11  Acres  3  Roods  and  25  perches  of 
land.    Recorded  in  the  Clerk's  Office  for  Kings  County,  in  Liber 


NEW   YORK.  243 

275,  page  267.  Exchange  made  by  authority  of  Act  of  Congress  ap- 
proved February  14,  1851. 

5.  Deed  from  the  Town  of  New  Utrecht,  dated  February  1,  1892, 
conveying  all  right,  title,  and  interest  in  and  to  the  Shore  Road,  Old 
County  Road,  Seventh  Avenue,  etc.     Recorded  in  Register's  Office 
for  Kings  County,  Liber  2101,  page  1. 

6.  Deed  from  The  Dyker  Meadow  Land  and  Improvement  Com- 
pany, dated  February  10,  1892,  conveying  56.537  acres,  also  8.985 
acres  under  water.     Recorded  in  Liber  2099,  page  4,  of  same  records. 

7.  Decree  of  Condemnation  for  the  highways  and  lands  described 
in  the  above  conveyances  from  The  Town  of  New  Utrecht  and  the 
Dyker  Meadow  Land  and  Improvement  Company,  in  the  case  of  the 
United  States  v.  The  Dyker  Meadow  Land  and  Improvement  Com- 
pany and  others,  in  the  District  Court  of  the  United  States  for  the 
Eastern  District  of  New  York.     Decree  rendered  at  May  term,  1891, 
and  filed  with  the  record  of  said  cause  in  the  Clerk's  Office  of  said 
District  Court. 

8.  Deed  of  Release  from  Manhattan  Company  of  New  York  City, 
dated  February  4,  1892,  embracing  65.522  acres.     Recorded  in  Liber 
2099,  page  13,  of  the  deed  records  of  the  Register's  Office  for  Kings 
County. 

9.  Deed  of  Release  from  J.  Lott  Nostrand,  dated  February  2,  1892, 
embracing  65.522  acres.     Recorded  in  Liber  2099,  page  10,  of  same 
records. 

10.  Deed  of  Release  from  Marie  K.  Flaherty,  dated  February  10, 
1892,  embracing  65.522  acres.     Recorded  in  Liber  2099,  page  6,  of 
same  records. 

Jurisdiction  over  the  lands  comprising  this  reservation  was  ceded 
to  the  United  States,  as  said  lands  were  acquired  from  time  to  time 
as  follows : 

(1)  By  an  Act  of  the  State  Legislature  passed  March  20,  1807. 
(See  Fort  Wood.) 

(2)  By  an  Act  of  the  State  Legislature  passed  March  18,  1808. 
(See  Fort  Wood.) 

Pursuant  to  the  authority  vested  in  them  by  the  Acts  of  March  20, 
1807,  and  March  18,  1808,  the  commissioners  therein  provided  for 
executed  this  deed  conveying  the  title  to  and  jurisdiction  over  said 
lands.  Deed  dated  November  6,  1812,  and  recorded  in  the  Clerk's 
Office  of  the  County  of  Kings  in  Liber  10,  page  395,  etc.,  of  the  deed 
records  of  said  county. 

(3)  By  an  Act  of  State  Legislature  passed  November  27,  1824,  as 
follows : 

"  AVhereas  by  an  Act  of  Congress  of  the  United  States  of  America, 
relative  to  a  fortification  at  the  Narrows,  in  the  harbor  of  New  York, 
it  has  become  necessary  and  proper  that  a  cession  of  jurisdiction  over 
certain  lands  in  the  town  of  New  Utrecht  should  be  made  to  the 
United  States :  therefore, 

"  I.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  those 
certain  tracts  of  land  lying  in  said  town  of  New  Utrecht,  in  the 
county  of  Kings,  within  this  State,  the  first  of  which  is  described  as 
follows :  Beginning  containing  sixty  acres,  one  rood  and 

six  perches  of  land ;  The  second  of  which  is  bounded  as  follows :  Be- 
ginning *  *  containing  sixteen  acres  and  one-half  acre  of 


244  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

land ;  be,  and  the  same  is  hereby  ceded  to  the  United  States  of 
America,  for  the  purpose  of  erecting  fortifications  thereon :  Provided 
nevertheless,  That  such  jurisdiction  so  ceded  as  aforesaid,  shall  not 
extend  or  be  construed  to  extend,  so  as  to  impede  or  prevent  the  exe- 
cution of  any  process  of  law,  civil  or  criminal,  under  the  authority  of 
this  State,  except  so  far  forth  as  such  process  may  affect  any  of  the 
real  or  personal  property  of  the  United  States  of  America  within  the 
said  tracts  of  land ;  and  that  all  the  lands  and  tenements  within  the 
limits  aforesaid  shall  be,  and  continue  forever  hereafter,  exonerated 
and  discharged  from  all  taxes,  assessments,  and  other  charges  which 
may  be  laid  under  the  authority  of  this  State." 

(Sees.  II,  III,  and  IV  provide  for  condemnation  of  the  tract  of  16-J- 
acres.  Passed  November  27,  1824. '  Kev.  Stats,  of  N.  Y.,  Birclseye", 
1901,  Vol.  3,  p.  3343.) 

(4)  By  an  Act  of  the  State  Legislature  passed  April  17,  1826, 
which  provides  as  f ollows : 

"Whereas  on  a  resurvey  of  the  second  parcel  of  land  mentioned 
and  described  in  the  said  act  hereby  amended  (above  act  passed  Nov. 
27, 1824),  it  has  been  found  that  the  Northern  boundaries  of  said  land 
did  not  embrace  all  the  land  wanted  by  the  United  States  of  America 
for  the  purpose  of  erecting  fortifications  thereon  in  the  said  town  (of 
New  Utrecht)  :  Therefore, 

"  I.  Be  it  enacted,  etc.,  That  the  jurisdiction  in  and  over  all  that 
certain  tract  or  parcel  of  land,  included  within  the  following  bound- 
aries not  heretofore,  by  the  said  act  hereby  amended,  vested  in  the 
said  United  States,  beginning  *  *  *  containing  seventeen  acres, 
fourteen  perches  and  one  hundred  and  five  yards  of  land,  be  and  the 
same  is  hereby  ceded  to  the  United  States  of  America,  for  the  pur- 
pose of  erecting  fortifications  thereon:  Provided  nevertheless,  That 
such  jurisdiction  so  ceded  as  aforesaid,  shall  not  extend  or  be  con- 
strued to  extend  so  as  to  impede  or  prevent  the  execution  of  any 
process1  of  law,  civil  or  criminal,  under  the  authority  of  this  State, 
except  so  far  forth  as  such  process  may  affect  any  of  the  real  or  per- 
sonal property  of  the  United  States  of  America  within  the  tract  of 
land  within  which  jurisdiction  is  vested  as  aforesaid;  but  that  the 
said  land  shall  be  and  continue  forever  hereafter  exonerated  and  dis- 
charged from  all  taxes,  assessments  and  other  charges  which  may  be 
laid  under  the  authority  of  this  State." 

(Sections  2,  3  and  4  provide  for  condemnation  of  so  much  of  the 
seventeen  acres,  fourteen  perches,  and  one  hundred  and  five  yards  of 
land,  as  are  not  included  in  the  second  parcel  described  in  the  act  of 
November  27,  1824.  Passed  April  17,  1826.) 

(5)  By  an  Act  of  the  State  Legislature,  passed  April  18,  1861, 
wThich  provides  as  follows: 

"  SEC.  7.  Jurisdiction  is  also  hereby  ceded  to  the  United  States  over 
so  much  land  as  may  be  necessary  for  the  construction  and  mainte- 
nance of  fortifications  and  their  appurtenances,  and  over  all  the  con- 
tiguous shores,  flats,  and  waters  within  four  hundred  yards  frohi  low- 
water  mark  within  this  state,  as  the  United  States  may  now  own  or 
hereafter  become  owners  of,  by  purchase  or  otherwise,  not  to  exceed 
one  hundred  and  fifty  acres,  the  same  to  be  selected  by  an  authorized 
officer  of  the  United  States,  approved  by  the  governor,  and  the  bound- 
aries of  the  land  selected,  with  such  approval  endorsed  thereon,  and 


NEW  YORK.  245 

a  map  thereof  filed  in  the  office  of  the  Secretary  of  State,  and  by 
him  recorded;  provided  always,  and  the  assent  aforesaid  is  granted 
upon  this  express  condition,  that  this  state  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  the  several  tracts 
aforesaid,  so  far  that  all  civil  and  such  criminal  process  as  may  issue 
under  authority  of  this  state,  against  any  person  or  persons  charged 
with  crimes  committed  within  the  bounds  of  this  state,  may  be  exe- 
cuted therein  in  the  same  manner  as  though  this  assent  had  not  been 
granted,  except  so  far  as  such  process  may  affect  the  real  or  personal 
property  of  the  United  States. 

"  The  foregoing  shall  be  applicable  only  to  the  lands  selected,  ap- 
proved, and  owned  as  aforesaid,  and  a  survey  thereof  filed  and  re- 
corded as  above  provided. 

"  For  the  purpose  of  building  and  maintaining  thereon  batteries, 
forts,  magazines,  wharves  and  other  necessary  structures,  with  their 
appendages  adjacent  to  Fort  Hamilton,  Kings  County,  Long  Island." 

(Sections  8,  9,  10,  11  and  12,  as  amended  by  act  of  February  20, 
1862,  provide  for  acquiring  title  by  condemnation.  Rev.  Stats,  of 
N.  Y.,  8th  ed.,  Vol.  I.,  p.  194,  sec.  7.) 

"  SEC.  13.  The  said  property  when  acquired  by  the  United  States 
shall  be  and  continue  forever  thereafter  exonerated  and  discharged 
from  all  taxes,  assessments,  and  other  charges,  which  may  be  levied 
or  imposed  under  the  authority  of  this  State;  but  the  jurisdiction 
hereby  ceded,  and  the  exemption  from  taxation  hereby  granted,  shall 
continue  in  respect  to  said  property,  and  to  each  portion  thereof,  so 
long  as  the  same  shall  remain  the  property  of  the  United  States,  and 
be  used  for  the  purposes  aforesaid,  and  no  longer."  (Passed  April 
18,  1861.  Rev.  Stats,  of  N.  Y.,  8th  Ed.,  Vol.  1,  p.  195,  sec.  13.) 

(6)  By  an  Act  of  the  State  Legislature,  passed  February  20,  1862, 
which  provides  as  follows: 

"  SECTION  1.  The  last  paragraph  of  the  seventh  section  of  the  act 
entitled  'An  Act  giving  the  consent  of  the  State  of  New  York  to  the 
purchase  by  and  ceding  jurisdiction  to  the  United  States  over  certain 
lands  within  this  State,  to  be  occupied  as  sites  of  Light-Houses, 
Keepers'  Dwellings,  and  fortifications  and  their  appurtenances,' 
passed  April  18,  1861,  is  hereby  amended  so  as  to  read  as  follows: 
For  the  purpose  of  building  and  maintaining  thereon  Batteries, 
Forts,  Magazines,  Wharfs,  and  other  necessary  structures,  with  their 
appendages,  adjacent  to  Fort  Hamilton,  Kings  County,  Long  Island, 
and  adjacent  to  Fort  Tompkins,  in  the  town  of  Southfield,  County  of 
Richmond,  Staten  Island. 

"  SEC.  2.  The  eighth  section  of  the  said  Act  shall  be  amended  so  as 
to  read  as  follows  : 

"  In  case  the  United  States  shall  desire  to  purchase  any  land 
selected  in  pursuance  of  the  first  and  seventh  sections  of  said  act,  or 
either  of 'said  sections,  and  shall  be  unable  to  agree  for  the  purchase 
of  the  same  it  shall  have  the  right  to  acquire  title  to  the  same,  in  the 
manner  hereinafter  prescribed,  provided,  however,  that  a  due  regard 
be  had  to  the  improvements  and  buildings  on  the  same,  the  damage  if 
any  to  the  adjacent  lands  now  belonging  to  the  same  owners,  and  that 
the  title  be  acquired  before  the  first  day  of  January,  eighteen  hundred 
and  sixty-three." 

(Section  3  provides  for  the  qualifications  of  Commissioners. 
Passed  February  20,  1862.) 


246  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Title  to  and  jurisdiction  over  water-covered  lands  was  ceded  to  the 
United  States  by  an  Act  of  the  State  Legislature  passed  May  7,  1880, 
for  which  see  Fort  Wood. 

By  patent  from  the  Governor  of  the  State  of  New  York,  dated  May 
26,  1880,  the  title  to,  and  jurisdiction  over,  the  premises  described 
in  the  Act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United 
States  subject  to  the  terms  of  the  said  Act  and  the  limitations  con- 
tained therein.  Patent  recorded  May  26,  1880,  in  Book  of  Patents 
No.  44,  page  604,  etc.,  of  the  records  of  patents  in  the  Office  of  the 
Secretary  of  State  for  the  State  of  New  York. 

By  an  Act  of  the  State  Legislature  passed  March  27,  1893,  which 
provides  as  follows: 

"  SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given 
to  the  acquisition  by  the  United  States,  by  purchase  or  by  condemna- 
tion proceedings  in  conformity  with  the  laws  of  this  state,  of  one  or 
more  pieces  of  land,  measuring  in  the  aggregate  not  exceeding  sixty 
acres,  situate  adjacent  to  and  on  the  east  side  of  the  present  military 
post  of  the  United  States  at  Fort  Hamilton,  Gravesend  Bay,  New 
York,  and  more  particularly  described  as  follows:  [Here  describes 
the  tract  by  metes  and  bounds] . 

"  The  further  consent  of  the  state  of  New  York  is  hereby  given  to 
the  acquisition  by  the  United  States,  by  purchase  or  by  condemnation 
proceedings  in  conformity  with  the  laws  of  the  state  of  New  York,  of 
a  piece  of  land  on  Plumb  Island  near  eastern  border  of  Sheepshead 
Bay,  New  York,  measuring  fifty  acres,  more  or  less,  taken  from  the 
eastern  end  of  said  island,  and  more  particularly  described  as  follows : 
[Here  describes  the  tracts  by  metes  and  bounds].  Upon  the  lands  so 
acquired  near  Fort  Hamilton,  and  upon  Plumb  Island,  the  United 
States  may  erect  fortifications,  barracks,  wharves  and  so  forth,  for 
the  defense  of  the  southern  or  main  entrance  to  New  York  Harbor; 
and  the  United  States  shall  have,  hold,  occupy  and  own  the  said 
lands  when  thus  acquired,  and  exercise  jurisdiction  and  control  over 
the  same  and  every  part  thereof,  subject  to  the  restrictions  herein- 
after mentioned. 

"  SEC.  2.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  such  land  or  lands  by 
purchase  or  by  condemnation  in  conformity  with  the  laws  of  this 
state,  nor  until  plats  and  descriptions  of  the  land  thus  acquired  shall 
have  been  filed  in  the  office  of  the  Secretary  of  State  of  the  State  of 
New  York.  Such  jurisdiction  shall  continue  no  longer  than  the 
United  States  shall  own  such  land  or  lands,  and  such  consent  is  given 
and  jurisdiction  ceded  upon  the  express  condition  that  the  state  of 
New  York  shall  retain  concurrent  jurisdiction  with  the  United  States 
in  and  over  such  land  or  lands  so  far  as  that  all  civil  process  in  all 
cases,  and  such  criminal  or  other  process  as  may  issue  under  the  laws 
or  authority  of  the  state  of  New  York  against  any  person  or  persons 
charged  with  crimes,  misdemeanors,  or  criminal  offenses  committed 
within  the  state,  may  be  executed  thereon,  in  the  same  way  and  man- 
ner as  if  such  consent  had  not  been  given  or  jurisdiction  ceded,  except 
so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  3.  So  long  as  such  land  or  lands  thus  acquired  shall  remain 
the  property  of  the  United  States,  and  no  longer,  the  same  shall  be 
and  continue  exonerated  from  all  taxes,  assessments,  and  other 


NEW  YORK.  247 

charges  which  may  be  levied  or  imposed  under  the  authority  of  the 
state.  If  the  United  States  can  not  acquire  the  title  to  any  such  land 
or  lands,  or  any  part  thereof,  by  purchase,  they  may  acquire  such 
title  by  condemnation  by  legal  proceedings  duly  instituted  for  the 
purchase  either  in  the  state  or  the  federal  courts."  (Passed  March 
27,  1893.  Laws  of  N.  Y.,  1893,  vol.  1,  p.  384.) 

See  also  General  Act  of  Cession. 

Revocable  Licenses:  License,  June  1,  1903,  to  the  Dyker  Meadow 
Golf  Club  to  use  a  portion  of  the  reservation  for  golfing  purposes. 

License,  March  8,  1906,  to  New  York  and  New  Jersey  Telephone 
Company,  for  telephone  system. 

License,  March  15,  1908,  to  Police  Department,  New  York  City,  to 
land  cable. 

License,  June  13,  1908,  to  U.  S.  Volunteer  Life  Saving  Corps,  for 
portable  station. 

FORT  H.  G.  WRIGHT. 

This  reservation  is  situated  at  the  eastern  entrance  of  Long  Island 
Sound,  on  Fisher's  Island,  and  contains  about  268.6  acres  in  the  main 
reservation,  36.13  acres  in  the  "  Mount  Prospect "  reservation,  and 
0.98  acre  in  the  right  of  way  thereto,  with  metes  and  bounds  as  given 
in  G.  O.  No.  248,  W.  D.,  December  21,  1909. 

The  title  to  land  acquired  in  1898  rests  on  decree  of  the  District 
Court  of  the  United  States  for  the  Eastern  District  of  New  York, 
filed  and  entered  August  8,  1898,  and  is  also  evidenced  by  the  follow- 
ing deeds: 

(a)  Deed  from  Walton  Ferguson  and  wife,  dated  September  1, 1898, 
conveying  certain  land  therein  described  by  metes  and  bounds,  to- 
gether with  certain  riparian  rights.     Recorded  in  Liber  472,  page  134, 
of  the  records  of  Suffolk  County. 

(b)  Deed  from  Theodora  Gordon,  dated  September  3,  1898,  convey- 
ing certain  land  therein  described  by  metes  and  bounds.     Recorded  in 
Liber  472,  page  140,  of  same  records. 

(c)  Deed  from  Edmund  M.  Ferguson  and  wife,  dated  September  5, 
1898,  conveying  certain  land  therein  described  by  metes  and  bounds. 
Recorded  in  Liber  472,  page  137,  of  same  records. 

The  title  to  additional  lands  acquired  in  1908  and  1909  is  as 
follows : 

1.  Deed  from  John  Nevin  Sayre,  et  al.,  executors,  etc.,  dated  April 
4,  1908,  conveying  4.20  acres.     Recorded  in  liber  654,  page  393  of  the 
same  records. 

2.  Deed  from  Walton  Ferguson  and  wife,  and  Walton  Ferguson 
as  trustee,  etc.,  dated  April  18,  1908,  conveying  5  parcels  aggregating 
63.3  acres  of  upland  and  6.62  acres  of  pond.     Recorded  in  liber  654, 
page  398  of  same  records. 

3.  Deed  from  Josephine  E.  Ferguson,  et  al.,  dated  April  18,  1908, 
conveying  the  same  premises  as  No.  2  supra.    Recorded  in  liber  654, 
page  404. 

4.  Deed  from  Walton  Ferguson  and  wife,  and  Walton  Ferguson  as 
trustee,  etc.,  dated  April  18, 1908,  quitclaiming  rights  in  premises  con- 
veyed by  deed  No.  1,  cited  supra. 

5.  Decree  of  Condemnation,  in  the  United  States  District  Court, 
Eastern  District  of  New  York,  rendered  August  7,  1909,  in  United 
States  v.  George  H.  Bartlett,  et  al.,  covering  two  tracts,  one  contain- 
ing 1.07  acres,  and  the  other  5.54  acres. 


248  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

6.  Resolution  of  Town  Board  of  the  Town  of  Southold,  Suffolk 
County,  New  York,  dated  April  13,  1908,  discontinuing  as  a  highway 
that  part  of  Equestrian  Avenue  lying  within  the  military  reservation. 

Jurisdiction  over  premises  acquired  in  1898  ceded  under  "  Gen- 
eral Act  of  Cession"  by  Governor's  deed  of  October  28,  1898,  and 
jurisdiction  over  premises  acquired  in  1908  by  Governor's  deed  of 
January  22,  1909. 

FORT  JAY  (GOVERNOR'S  ISLAND). 

This  reservation  includes  the  whole  Island  and  of  submerged  lands 
contiguous  thereto  within  limits  given  in  G.  O.  No.  4,  W.  D.,  January 
13,  1909,  containing  an  area  of  204.5  acres.  Area  of  island  prior  to 
recent  filling  operations  68.76  acres.  It  is  situated  in  New  York 
harbor  at  the  junction  of  the  Hudson  and  East  Rivers.  The  title 
is  as  follows: 

Governor's  Island  came  into  possession  of  the  United  States  as  a 
donation  by  an  Act  of  the  Legislature  of  the  State  of  New  York 
passed  February  15,  1800.  (See  Fort  Wood.)  Prior  to  the  Ameri- 
can Revolution  the  island  was  a  perquisite  of  the  Colonial  Governor, 
who  was  the  representative  of  the  King  of  England,  but  after  the 
war  became  the  property  of  the  Colony  and  then  of  the  State  of  New 
York.  Title,  etc.,  to  lands  covered  with  water  contiguous  to  the 
Island  was  ceded  to  the  United  States  by  an  Act  of  the  State  Legisla- 
ture, approved  May  7,  1880,  for  which  see  Fort  Wood;  and  by  Pat- 
ent from  the  Governor  of  the  State  of  New  York,  dated  May  26, 
1880,  under  said  Act  of  May  7,  1880.  Patent  recorded  May  26,  1880, 
in  Book  of  Patents  No.  44,  page  604,  etc.,  of  the  records  of  Patents 
in  the  office  of  the  Secretary  of  State  for  the  State  of  New  York. 

Pursuant  to  the  provisions  of  Acts  of  the  State  Legislature  ap- 
proved February  27,  1901,  and  March  6,  1903,  the  area  was  increased 
by  the  addition  of  the  following  tracts  under  water  for  the  purpose 
of  enlarging  the  reservation  by  filling : 

1.  Patent  from  the  Governor  of  the  state,  dated  March  7,  1901, 
under  Act  of  February  27,  1901  (Ch.  46,  Laws  of  1901),  conveying 
the  title  to  and  jurisdiction  over  certain  lands  therein  described. 
Recorded  in  Book  of  Patents  No.  50,  at  page  386,  etc.,  in  the  office  of 
the  Secretary  of  State  for  the  State  of  New  York. 

2.  Patent  from  the  Governor  of  the  state,  dated  June  5,  1903,  under 
Act  of  March  6,  1903  (Ch.  18,  Laws  of  1903),  conveying  title  to  and 
jurisdiction  over  certain  land  therein  described.     Recorded  in  Liber 
50  of  Patents,  at  page  389,  same  records.     See  also  General  Act  of 
Cession. 

Revocable  Licenses:  License,  April  25,  1900,  to  Young  Men's 
Christian  Association  of  the  city  of  New  York  to  erect  a  one-story 
wooden  building  on  the  reservation. 

License,  March  30,  1905,  to  Corporation  of  Trinity  Church  to  erect 
and  maintain  a  new  chapel.  Chaplain  provided  by  vestry  of  Trinity 
Church,  authorized  by  Secretary  of  War  under  date  of  August  11, 
1868,  to  occupy  public  quarters. 

License,  June  26,  1906,  to  New  York  Telephone  Co.  for  telephone 
system  on  reservation. 

FORT  LAFAYETTE. 

This  reservation  contains  an  area  of  about  2  acres  of  land  with 
water  rights.  It  is  situated  in  New  York  Harbor,  about  6  miles  from 


NEW  YORK.  249 

Brooklyn,  and  commands,  in  part,  the  "  Narrows."  The  title  is  as 
follows : 

Title  to  and  jurisdiction  over  the  above  lands  ceded  by  acts  of  the 
State  Legislature  passed  March  20,  1807,  and  March  18,  1808,  for 
which  see  Fort  Wood.  Pursuant  to  the  authority  vested  in  them  by 
the  above  cited  acts,  the  Commissioners  therein  provided  for  executed 
their  deed  conveying  title  to  and  jurisdiction  over  said  lands.  Deed 
dated  November  G,  1812,  and  recorded  in  the  Clerk's  Office  of  the 
County  of  Kings  in  Liber  10,  page  395,  etc.,  of  the  deed  records  of 
said  County.  (This  deed  embraces  30  acres  2  roods  and  30  perches.) 
Title  to  and  jurisdiction  over  water-covered  lands  was  ceded  to  the 
United  States  by  an  Act  of  the  State  Legislature  passed  May  7,  1880, 
for  which  see  Fort  Wood. 

By  Patent  from  Governor  of  the  State  of  New  York,  dated  May 
26,  1880,  the  title  to  and  jurisdiction  over  the  premises  described  in 
the  Act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United 
States  subject  to  the  terms  of  the  said  Act  and  the  limitations  con- 
tained therein.  Patent  recorded  May  26,  1880,  in  Book  of  Patents 
No.  44,  page  604,  etc.,  of  the  records  of  patents  in  the  office  of  the  Sec- 
retary of  State  for  the  State  of  New  York. 

See  also  General  Act  of  Cession. 

MADISON  BARRACKS    (POST). 

This  reservation  contains  an  area  of  about  94  acres,  exclusive  of 
the  Water  Lot  (area  about  0.32  acre),  the  Pumping  Station  (area 
about  2.6  acres),  and  the  New  Post  Cemetery  (area  about  4.86  acres)  ; 
and  is  situated  on  the  south  shore  of  Black  River  Bay,  about  10  miles 
from  Lake  Ontario,  adjoining  the  town  of  Sackett's  Harbor,  in 
Jefferson  County. 

The  original  reservation,  acquired  from  1813  to  1817,  comprised 
an  aggregate  area  of  39.21  acres,  together  with  the  Water  Lot  above 
described,  and  the  Bakery  and  Barn  Lots  which  have  since  been  sold. 

Under  authority  of  an  Act  of  Congress,  approved  March  2,  1889, 
as  amended  by  Act  approved  February  24,  1891,  an  addition  of  about 
54.5  acres  was  purchased;  and  in  1893  a  tract  of  2.6  acres  was  pur- 
chased for  a  pumping  station,  with  right  of  way  for  water  mains. 
In  1906  a  tract  of  4.86  acres  was  acquired  for  a  new  cemetery. 

The  title  to  the  lands  now  owned  by  the  United  States  is  as  follows: 

1.  Deed  from  Samuel  F.  Hooker,  dated  July  1,  1813,  conveying 
0.32  acre — being  the  Water  Lot  referred  to  above.     Recorded  in  Liber 
F,  page  44,  of  the  Deed  Records  of  Jefferson  County. 

2.  Deed  of  May  10,  1814,  to  "  Isaac  Chauncey,  Commodore  of  the 
United  States  Navy  on  Lake  Ontario,"  conveying  3.875  acres.     Re- 
corded in  Liber  G,  page  125,  of  same  records. 

3.  Deed  of  March  10,  1815,  to  same  grantee,  and  conveyed  by  said 
grantee  to  the  Secretary  of  the  Navy,  March  10,  1815,  conveying 
3.3375  acres.     Recorded  in  Liber  G,  page  328,  of  same  records. 

4.  Deed  from  Thomas  Ludlow  Ogden,  Trustee,  etc.,  dated  October 
5,  1816,  conveying  22  acres  of  land.     Recorded  in  Book  I,  page  204, 
etc.,  of  same  records. 

5.  Deed  from  Thomas  Ludlow  Ogden,  Trustee,  etc.,  dated  March 
28,  1817,  conveying  10  acres  of  land.     Recorded  in  Book  K,  page  15, 
etc.,  of  same  records. 


250  UNITED   STATES  MILITARY  RESERVATIONS,  ETC. 

6.  Deed  from  Mary  T.  Mallaby  et  al.,  dated  August  31,  1891,  con- 
veying undivided  one-half  of  1  acre,  etc.     Kecorded  in  Book  265, 
page  304,  of  same  records. 

7.  Quitclaim  deed  from  Col.  R.  I.  Dodge,  dated  September  3,  1891, 
conveying  several  tracts  embraced  in  seven  several  deeds  executed  to 
him  as  agent  for  the  United  States.     Recorded  in  Book  265,  page  173, 
of  same  records.     The  deeds  to  said  Col.  R.  I.  Dodge  recorded  in 
Book  265,  page  169 ;  Book  265,  page  171 ;  Book  264,  page  317 ;  Book 
264,  page  318 ;  Book  264,  page  319 ;  Book  264,  page  320,  and  Book 
264,  page  321,  of  same  records. 

8.  Deed   from  Ellen  Stratton  and  husband,  dated  December  29, 
1891,  conveying  a  strip  containing  18,000  square  feet  of  land.     Re- 
corded in  Liber  266,  page  302,  of  same  records. 

9.  Deed  from  James  C.  Heath  and  wife,  dated  December  29,  1891, 
conveying  two  tracts  near  Madison  Barracks,  both  described  by  metes 
and  bounds.     Recorded  in  Liber  266,  page  301,  of  same  records. 

10.  Deed  from  John  Hamilton  and  wife,  dated  September  14,  1891, 
conveying  two  tracts  described  by  metes  and  bounds.     Recorded  in 
Liber  266,  page  300,  of  same  records. 

11.  Deed  from  Charles  G.  Gilmore  and  wife,  dated  February  23, 
1893,  conveying  a  site  for  Pumping  Station.     Recorded  in  Liber  272, 
page  135,  of  same  records. 

12.  Deed  from  William  McLaughlin  and  wife,  dated  March  25, 
1893,  conveying  right  of  way  for  water  main.     Recorded  in  Liber 
271,  page  549,  of  same  records. 

13.  Deed  from  S.  D.  Lord  and  wife,  dated  March  25,  1893,  convey- 
ing right  of  way  for  water  main.     Recorded  in  Liber  271,  page  548, 
of  same  records. 

14.  Deed  from  Caroline  McClary  and  husband,  dated  March  25, 
1893,  conveying  right  of  way  for  water  main.     Recorded  in  Liber 
271,  page  552,  of  same  records. 

15.  Deed  from  Dexter  M.  Dibble  and  wife,  dated  March  25,  1893, 
conveying  right  of  way  for  water  main.     Recorded  in  Liber  271, 
page  542,  of  same  records. 

16.  Deed  from  Abbie  Metcalf,  dated  March  25,  1893,  conveying 
right  of  way  for  water  main.     Recorded  in  Liber  271,  page  544,  of 
same  records. 

17.  Deed  from  Amanda  M.  Read  and  husband,  dated  March  25, 
1893,  conveying  right  of  way  for  water  main.     Recorded  in  Liber 
271,  page  545,  of  same  records. 

18.  Deed  from  David  McKee,  dated  March  25,  1893,  conveying 
right  of  way  for  water  main.     Recorded  in  Liber  271,  page  547,  of 
same  records. 

19.  Deed  from  Margaret  Eveleigh  and  husband,  dated  March  27, 
1893,  conveying  right  of  way  for  water  main.     Recorded  in  Liber 
271,  page  543,  of  same  records. 

20.  Deed  from  Henry  J.  Lane  and  wife,  dated  March  27,  1893, 
conveying  right  of  way  for  water  main.     Recorded  in  Liber  271,  page 
546,  of  same  records. 

21.  Deed  from  Charles  W.  Sloat  et  al.,  dated  March  29,  1893,  con- 
veying right  of  way  for  water  main.     Recorded  in  Liber  271,  page 
541,  of  same  records. 


NEW  YORK.  251 

22.  Deed  from  Alice  C.  M.  Hewke  and  husband,  dated  March  29, 
1893,  conveying  right  of  way  for  water  main.     Eecorded  in  Liber 
271,  page  540,  of  same  records. 

23.  Deed  from  Enetta  A.  Lewis,  et  al.,  Administrators,  etc.,  dated 
April  1,  1893,  conveying  right  of  way  for  water  main.    Recorded  in 
Liber  271,  page  551,  of  same  records. 

24.  Deed  from  Charles  G.  Gilmore  and  wife,  dated  April  6,  1893, 
Conveying  right  of  way  for  water  main.    Recorded  in  Liber  271,  page 
550,  of  same  records. 

25.  Deed  from  William  Stokes,  dated  April  7,  1893,  conveying 
right  of  way  for  water  main.    Recorded  in  Liber  271,  page  539,  of 
same  records. 

26.  Deed  from  Ellen  Fralick  and  husband,  dated  April  14,  1893, 
conveying  right  of  way  for  water  main.     Recorded  in  Liber  271, 
page  555,  of  same  records. 

27.  Deed  from  Abel  H.  Bowe  and  wife,  dated  April  15,  1893,  con- 
veying right  of  way  for  water  main.     Recorded  in  Liber  272,  page 
135,  of  same  records. 

28.  Deed  from  John  Parker  and  wife,  dated  April  17,  1893,  con- 
veying right  of  way  for  water  main.     Recorded  in  Liber  272,  page 
137,  of  same  records. 

29.  Deed  from  Mary  A.  Mason,  dated  April  17,  1893,  conveying 
right  of  way  for  water  main.     Recorded  in  Liber  271,  page  136,  of 
same  records. 

30.  Deed  from  Charles  W.  Sloat,  et  al.,  dated  April  19,  1893,  con- 
veying right  of  way  for  water  main.     Recorded  in  Liber  271,  page 
553,  of  same  records. 

31.  Deed  from  Walter  B.  Camp,  Sur.  Executor,  etc.,  dated  April 
27,  1893,  conveying  right  of  way  for  water  main.    Recorded  in  Liber 
271,  page  554,  of  same  records. 

32.  Deed  from  Frederick  R.  Farwell,  et  al.,  dated  May  6,  1893, 
conveying  right  of  way  for  water  main.     Recorded  in  Liber  271, 
page  538,  of  same  records. 

33.  Deed  from  Fred  W.  Reeves  and  wife,  dated  December  12,  1906, 
conveying  site  for  new  cemetery,  containing  4.86  acres.    Recorded  in 
Liber  No.  321,  page  124,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  Acts  of  the  State 
Legislature  passed  March  7,  1846,  and  May  12,  1892,  which  acts  pro- 
vide as  follows: 

"  SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given 
to  the  purchase  by  the  United  States  of  such  lots  of  ground  and 
tracts  of  land  in  or  near  the  City  of  Buffalo,  at  or  near  the  mouth  of 
Genesee  River,  and  at  or  near  Sacketts  Harbor,  and  also  to  the  pur- 
chase of  such  island  or  islands  in  the  river  St.  Lawrence  between  St. 
Regis  and  the  Thousand  Islands  as  the  authorities  or  Government  of 
the  United  States  may  select  for  the  site  of  fortifications  or  defensive 
works  at  the  points  above  designated,  and  the  United  States  may 
have,  hold,  use,  occupy,  and  own  said  lots  of  land  and  such  island  or 
islands  and  exercise  jurisdiction  and  control  over  the  same  subject  to 
the  restrictions  hereinafter  mentioned. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  New  York  in  and  over 
the  said  lands  and  island  or  islands  mentioned  in  the  last  section 


252  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

shall  be  and  the  same  is  hereby  ceded  to  the  United  States  for  the 
purpose  of  erecting  fortifications  and  defensive  works  thereon. 

"  SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  New  York  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
tracts  of  land  and  island  or  islands  so  far  as  that  all  civil  process  in 
all  cases  and  such  criminal  process  as  may  issue  under  the  laws  or 
authority  of  the  State  of  New  York  against  any  person  or  persons 
charged  with  crimes  committed  without  said  tracts  of  land  and 
island  or  islands  may  be  executed  thereon  in  the  same  way  and  man- 
ner as  if  such  consent  had  not  been  given  or  jurisdiction  ceded  except 
so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  in  respect  to 
any  or  either  of  such  lots  of  land  or  islands  until  the  United  States 
shall  have  acquired  title  to  the  same  either  by  purchase  or  in  the  man- 
ner hereinafter  prescribed. 

"  SEC.  5.  If  the  United  States  can  not  acquire  the  title  to  the  said 
tracts  of  land  and  islands,  or  either  of  them  by  purchase  the  same  may 
be  taken  and  the  damages  may  be  ascertained  and  paid  in  the  manner 
prescribed  in  the  fourth  article  of  the  second  title  of  chapter  nine  of 
the  third  part  of  the  Revised  Statutes  and  the  same  proceedings  shall 
be  had  in  all  respects  as  are  prescribed  in  the  said  article. 

"  SEC.  6.  The  said  tracts  of  land  and  island  or  islands,  when  ac- 
quired by  the  United  States  by  purchase  or  by  proceedings  under  the 
last  section  shall  be  and  continue  forever  thereafter  exonerated  and 
discharged  from  all  taxes,  assessments,  and  other  charges  which  may 
be  levied  or  imposed  under  the  authority  of  this  State,  but  the  juris- 
diction hereby  ceded  and  the  exemption  from  taxation  hereby  granted 
shall  continue  in  respect  to  said  tracts  of  land  or  island  or  islands 
respectively  so  long  as  the  same  shall  remain  the  property  of  the 
United  States  and  no  longer."  (Passed  March  7,  1846.  Rev.  Stats, 
of  N.  Y.,  8th  ed.,  Vol.  1,  p.  174.) 

"  SECTION  1.  Consent  is  hereby  given  to  the  government  of  the 
United  States  of  America  to  purchase  and  acquire  such  lands  in  the 
village  of  Sackett's  Harbor,  county  of  Jefferson,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful  buildings  as 
it  may  deem  necessary  and  on  the  property  now  owned  or  hereafter 
acquired  under  this  act  to  which  it  has  obtained  title.  The  jurisdic- 
tion over  the  same  shall  vest  in  the  said  United  States,  but  the  juris- 
diction hereby  granted  shall  not  impede  or  prevent  the  execution  of 
any  legal  process,  civil  or  criminal,  issued  under  the  authority  of  this 
State,  except  such  as  may  affect  the  real  or  personal  property  of  said 
United  States. 

"  SEC.  2.  The  jurisdiction  hereby  granted  shall  cease  whenever  the 
said  United  States  shall  cease  to  occupy  the  said  lands  for  the  pur- 
poses aforesaid;  but  during  such  occupation,  and  no  longer,  said 
lands  shall  be  exempt  from  all  taxes  and  assessments  or  other  charges 
under  the  authority  of  this  State."  (Approved  May  12,  1892.  Laws 
of  N.  Y.,  1892,  ch.  505.) 

To  enable  the  United  States  to  acquire  the  right  of  water  supply 
for  Madison  Barracks  and  to  cede  the  jurisdiction  over  such  fran- 


NEW   YORK.  253 

chise  to  the  United  States  the  following  act  of  the  State  Legislature 
was  passed  April  3,  1893  : 

"  SECTION  1.  Consent  is  hereby  given  to  the  government  of  the 
United  States  of  America  to  purchase  and  acquire  the  right  of  way 
in  the  village  of  Sackett's  Harbor,  or  town  of  Hounsefield,  county  of 
Jefferson,  to  carry  water  through  pipes  from  the  waters  of  Lake 
Ontario  and  Henderson  Bay  to  Madison  Barracks,  for  the  water  sup- 
ply at  that  point  of  the  military  post  of  the  United  States,  and  to 
acquire  the  title  of  lands  necessary  for  that  purpose,  or  the  right  of 
way  only.  And  the  State  of  New  York  hereby  cedes  to  the  United 
States  the  right  to  lay  such  pipes  under  and  along  the  highways  of 
said  state,  provided  the  same  are  restored  to  as  good  condition  as  the 
same  were  in  before  such  pipes  were  laid,  and  to  enter  upon  said  high- 
way and  keep  the  said  pipes  in  repair,  upon  the  same  condition,  and 
hereby  concedes  jurisdiction  to  the  said  United  States  over  the  lands 
and  franchises  which  the  United  States  has  acquired  for  the  purpose 
of  such  water  supply,  or  may  acquire  pursuant  to  this  act. 

"  SEC.  2.  In  case  the  United  States  can  not  agree  for  the  purchase 
thereof  with  the  owners  of  such  lands  and  franchises  as  it  may  need 
for  the  purposes  aforesaid,  the  Secretary  of  War  of  the  United  States, 
or  such  officer  as  he  may  appoint  for  that  purpose,  or  any  officer  of 
the  United  States  authorized  by  the  government  of  the  United  States 
so  to  do,  may  proceed  to  obtain  the  said  lands  and  franchises  accord- 
ing to  the  condemnation  laws  of  this  state."  (Laws  of  N.»Y.,  1893, 
Vol.  1,  p.  494,  ch.  261.) 

See  also  General  Act  of  Cession. 

Revocable  licenses:  License,  August  27,  1903,  to  Black  River  Tele- 
phone Company  to  construct,  operate  and  maintain  its  telephone  line 
on  the  reservation. 

License,  October  9,  1906,  to  Central  New  York  Telephone  and 
Telegraph  Company  for  telephone  system. 

Licenses,  March  18,  1908,  to  W.  W.  Tyler,  S.  D.  Lord,  Ezra  J. 
Whitaker,  Allen  C.  Beach,  Walter  B.  Camp,  and  Frank  Stearns,  for 
boat  house  on  "  Water  Lot." 

Similar  license,  April  23,  1909,  to  John  W.  Bodine. 

License,  November  17,  1908,  to  D.  L.  Andrews  to  use  water  from 
Government  main. 

MADISON   BARRACKS    ( STONY   POINT  TARGET  RANGE). 

This  reservation  contains  an  area  of  868  acres,  and  was  acquired 
under  authority  of  an  act  of  Congress  approved  August  6,  1894.  It 
is  situated  at  Stony  Point,  about  16  miles  from  Sackett's  Harbor. 
Located  for  the  use  of  Madison  Barracks.  The  title  is  as  follows: 

1.  Deed  from  Emily  D.  Wood,  dated  May  20,  1895,  conveying  78 
acres  of  land.      Recorded  in  Liber  279,  page  352,  of  the  deed  records 
of  Jefferson  County. 

2.  Deed  from  Peter  Worthingham  and  wife,  dated  May  21,  1895, 
conveying  87.90  acres.     Recorded  in  Liber  279,  page  355,  of  same 

3.  Deed  from  Birdsall  Boyce  and  wife,  et  al.,  dated  May  21,  1895, 
conveying  13.80  acres.     Recorded  in  Liber  279,  page  357,  of  same 
records. 


254  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

4.  Deed  from  George  H.  Warner  and  wife,  dated  May  21,  1895, 
conveying  169   acres.     Eecorded  in  Liber  279,  page  354,   of  same 
records. 

5.  Deed  from  Halsey  L.  Irwin  and  wife,  dated  May  21,  1895,  con- 
veying 44.11  acres.     Recorded  in  Liber  280,  page  73,  of  same  records. 

6.  Deed  from  Asa  W.  Carter  and  wife,  dated  May  21,  1895,  convey- 
ing 5  acres.     Recorded  in  Liber  279,  page  358,  of  same  records. 

7.  Deed  from  Lovilow  Jackson,  dated  May  21,  1895,  conveying 
11.25  acres.     Recorded  in  Liber  280,  page  72,  of  same  records. 

8.  Deed  from  Payson  F.  Thompson  and  wife,  dated  May  22,  1895, 
conveying  6  acres.     Recorded  in  Liber  279,  page  359,  of  same  records. 

9.  Deed  from  Ezra  J.  Clark  and  wife,  dated  May  20,  1895,  con- 
veying 6  acres.     Recorded  in  Liber  280,  page  77,  of  same  records. 

10.  Deed  from  Heirs  of  Horace  Clark,  dated  May  20,  1895,  con- 
veying above  6  acres.     Recorded  in  Liber  280,  page  75,  of  same 
records. 

11.  Deed  from  Heirs  of  Greene  Clark,  dated  May  29,  1895,  con- 
veying above  6  acres.     Recorded  in  Liber  280,  page  76,  of  same 
records. 

12.  Deed  from  Hulburt  Ingraham  and  wife,  dated  May  23,  1895, 
conveying  3  acres.    Recorded  in  Liber  279,  page  353,  of  same  records. 

13.  Deed   from  Payson  F.  Thompson  and  wife,  dated  May  22, 
1895,  conveying  138.50  acres.     Recorded  in  Liber  280,  page  71,  of 
same  records. 

14.  Deed  from  F.  A.  Kilby  and  wife,  et  al.,  dated  May  21,  1895, 
conveying  90.60  acres.     Recorded  in  Liber  279,  page  360,  of  same 
records. 

15.  Deed  from  Heirs  of  Nathan  Foreman,  dated  May  22,  1895, 
conveying  4.50  acres.     Recorded  in  Liber  280,  page  74,  of  same 
records. 

16.  Deed  from  James  L.  McCumber  and  wife,  dated  May  21,  1895, 
conveying  154.25  acres.     Recorded  in  Liber  280,  page  71,  of  same 
records. 

17.  Deed  from  George  A.  Hossington  and  wife,  dated  November 
19,  1907,  conveying  62.25  acres.     Recorded  in  Liber  325,  page  148, 
of  same  records. 

Jurisdiction  ceded  by  Act,  approved  April  14,  1909,  describing  the 
premises  by  metes  and  bounds,  upon  the  following  condition : 

"  §  2.  The  said  jurisdiction  so  ceded  shall  be  upon  the  express  con- 
dition that  the  state  of  New  York  shall  retain  a  concurrent  jurisdic- 
tion with  the  United  States  on  and  over  the  property  and  premises  so 
conveyed,  so  far  as  that  all  civil  and  criminal  process,  which  may 
issue  under  the  laws  or  authority  of  the  state  of  New  York,  may  be 
executed  thereon  in  the  same  way  and  manner  as  if  such  jurisdiction 
had  not  been  ceded,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States." 

FORT  MICHIE. 

This  reservation  contains  about  17  acres,  and  includes  the  island 
called  Great  Gull,  situated  in  Long  Island 'Sound,  about  3  miles  east 
northeast  from  Plum  Island,  in  Suffolk  County.  The  title  is  as 
follows : 

Deed  from  Benjamin  Jerom,  dated  January  26,  1803,-  conveying 
Great  and  Little  Gull  Islands  "the  same  being  intended  for  the 


NEW   YORK.  255 

erection  of  a  Light-House  and  its  accommodations."  Recorded  in 
Liber  C,  — ,  page  410,  of  the  deed  records  of  Suffolk  County,  Feb- 
ruary 22,  1803.  Great  Gull  Island  was  transferred  by  the  Treasury 
Department  to  the  War  Department  September  18,  1896,  for  pur- 
poses of  national  defense. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature,  passed  March  26,  1803,  which  reads  as  follows: 

"  Whereas  the  United  States  have  purchased  the  Islands  herein- 
after mentioned  for  the  purpose  of  erecting  a  Light-House  on  one  of 
them;  and 

"  Whereas  it  is  meet  and  proper  that  the  jurisdiction  of  this  State 
in  and  over  the  said  Islands  should  be  made  to  the  United  States, 
under  certain  limitations,  for  the  purpose  aforesaid :  Therefore, 

Be  it  enacted  by  the  people  of  the  State  of  New  York,  represented 
in  Senate  and  Assembly,  That  the  jurisdiction  in  and  over  all  those 
two  certain  islands,  situate  in  the  County  of  Suffolk,  commonly 
known  by  the  names  of  Great  Gull  Island  and  Little  Gull  Island, 
bounded  on  all  sides  by  the  waters  of  the  East  River,  shall  be  and 
hereby  is  ceded  to  the  United  States  of  America :  Provided,  never- 
theless, That  such  jurisdiction,  so  ceded  as  aforesaid,  shall  not  ex- 
tend or  be  construed  to  extend  so  as  to  impede  or  prevent  the  exe- 
cution of  any  process,  Civil  or  Criminal,  under  the.  authority  of 
this  State,  except  so  far  forth  as  such  process  may  affect  any  of  the 
real  or  personal  property  of  the  United  States  within  the  said 
Islands."  (See  Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  153,  sec.  4.) 

See  also  General  Act  of  Cession. 

FORT   MONTGOMERY. 

This  reservation  contains  about  600  acres  of  land  and  is  situated 
north  of  and  adjoining  the  village  of  Rouse's  Point,  on  the  western 
bank  of  Lake  Champlain  and  near  its  outlet,  in  Clinton  County.  The 
title  is  as  follows: 

1.  Deed   from   DeWitt  Clinton,   Governor  of   New   York,   dated 
October  17,  1817,  conveying  Lots  61,  62,  63,  64,  65  and  66  of  the 
"  Refugee  tract,"  aggregating  480  acres.     Recorded  in  Liber  F,  page 
9,  etc.,  of  the  deed  records  of  Clinton  County. 

2.  Deed  from  John  Warford  and  wife,  dated  November  18,  1817, 
conveying  9  acres  3  roods  and  5  poles  of  land.     Recorded  in  Liber 
F,  page  13,  etc.,  of  same  records. 

3.  Patent  from  the  State  of  New  York,  dated  May  15,  1818,  con- 
veying an  Island  in  Lake  Champlain  near  Rouse's  Point;  also  land 
under  water  opposite  Lots  61  to  66,  inclusive.     Recorded  in  Liber  F, 
page  112,  etc.,  of  same  records. 

Jurisdiction  ceded  to  the  United  States  by  acts  of  the  State  Legis- 
lature passed  March  31,  1815,  April  21,  1818,  and  April  21,  1840, 
which  provide  as  follows: 

"I.  Be  it  enacted,  etc.,  That  the  person  administering  the  govern- 
ment of  this  State,  the  lieutenant-governor,  the  Chancellor,  the  chief 
justice  of  the  supreme  court,  the  secretary  of  state,  the  attorney- 
general,  and  the  surveyor  general,  for  the  time  being  be,  and  they  are 
hereby,  appointed  commissioners,  with  full  power  to  them,  or  any 
four  of  them,  whereof  the  person  administering  the  government  of 
this  State,  for  the  time  being,  shall  always  be  one  in  their  discretion, 
as  they  shall  judge  the  safety  and  defence  of  the  northern  and  west- 


256  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

ern  frontiers  of  this  State  to  require,  and  in  such  manner  and  foim  as 
they  shall  judge  necessary  and  proper,  to  declare  the  consent  of  the 
legislature  of  this  State  that  such  parcels  of  land  as  shall  be  pur- 
chased by  the  government  of  the  United  States,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful  buildings  in 
the  several  counties  of  this  State  adjacent  to  the  northern  and  western 
bounds  thereof,  and  which  they  shall,  from  time  to  time,  judge  neces- 
sary for  the  purposes  aforesaid,  shall  be  subject  to  the  jurisdiction  of 
the  United  States,  and  thereupon  the  jurisdiction  of  the  said  lands 
shall  be  vested  in  the  United  States:  Provided,  however,  That  such 
cession  or  cessions  shall  not  exceed  five  hundred  acres,  in  any  one  of 
the  said  counties:  And  provided  further,  That  such  cession  or  ces- 
sions shall  not  in  any  case  extend,  or  be  deemed  or  construed  to  pre- 
vent the  execution  of  any  process,  civil  or  criminal,  under  the  au- 
thority of  this  State. 

"  II.  And  be  it  further  enacted,  That  the  powers  vested  in  the 
Commissioners  constituted  by  the  act,  entitled  c  An  act  to  cede  the 
jurisdiction  of  certain  lands  in  this  State,  to  the  United  States,' 
passed  March  20,  1807,  be,  and  they  are  hereby  extended  to  lands  in 
the  county  of  Westchester,  and  to  lands  covered  by  water  writhin 
the  bounds  of  said  County:  Provided,  That  cessions  to  be  made  by 
the  Commissioners  in  the  said  act  authorized  and  appointed  shall  be 
of  such  lands  only  as  in  their  opinion  shall  be  necessary  for  the 
defence  and  safety  of  the  city  and  port  of  New  York. 

"  III.  And  be  it  further  enacted,  That  such  declaration  or  declara- 
tions of  the  consent  of  the  legislature  of  this  State  shall,  in  all  cases, 
explicitly  define,  by  accurate  metes  and  bounds,  the  situation  of  the 
lands,  the  jurisdiction  whereof  shall  be  ceded  in  virtue  of  this  act, 
which  description  shall  be  filed  in  the  office  of  the  Secretary  of  this 
State,  and  such  declaration  or  declarations  may,  in  addition  to  the 
restrictions  and  limitations  prescribed  by  this  act  and  the  act  above 
referred  to,  contain  such  other  limitations,  restrictions  and  qualifica- 
tions as  the  said  Commissioners  respectively  may  deem  expedient." 
(Passed  March  31,  1815.  See  Eev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1, 
p.  160,  sec.  13.) 

"  I.  Be  it  enacted,  etc.,  That  the  commissioners  of  the  land  office  of 
this  State,  be  and  they  are  hereby  authorized  and  required  to  cede  to 
the  United  States,  the  title  and  jurisdiction  of  this  State  to  so  much 
land  on  the  Galloo  island  on  lake  Ontario,  within  this  State,  as  they 
shall  deem  necessary  for  the  purpose  of  erecting  a  light  house  thereon : 
Provided  always,  That  the  tract  of  land  so  granted  shall  not  exceed 
five  acres :  And  provided  further,  That  such  cession  shall  not  impede 
or  prevent  the  execution  of  any  process  at  law  under  the  authority 
of  this  State,  except  against  the  real  or  personal  property  of  the 
government  of  the  United  States. 

"  II.  And  be  it  further  enacted,  That  the  property  so  ceded  shall 
be,  and  hereafter  is  exonerated  and  discharged  from  any  taxes  which 
may  be  laid  or  imposed  under  the  authority  of  the  government  of  this 
State,  while  said  lands  shall  remain  the  property  of  the  Government 
of  the  United  States,  and  while  the  same  shall  be  appropriated  to 
the  purposes  intended  by  this  act,  and  not  otherwise. 

******* 

"  VIII.  And  be  it  further  enacted,  That  the  Commissioners  of  the 
land  office  of  this  State  be,  and  they  are  hereby  authorized  and  re- 


NEW   YORK.  257 

quired  to  cede  to  the  United  States  the  title  and  jurisdiction  of  this 
State  to  the  small  island  near  Rouse's  point,  on  lake  Champlain,  called 
Island  Point ;  also  to  the  land  under  water  opposite  the  same ;  also  to 
the  land  under  water  in  the  said  lake,  opposite  to  lots  number  sixty, 
sixty-one,  sixty-two,  sixty-three,  sixty-four,  sixty-five  and  sixty-six, 
adjoining  the  said  Rouse's  point,  the  title  and  jurisdiction  of  this 
State  to  which  lots  have  heretofore  been  ceded  to  the  United  States ; 
subject,  however,  to  the  like  provisions  and  restrictions  as  are  con- 
tained in  the  first  and  second  sections  of  this  act."  (Passed  April  21, 
1818.  See  Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  160,  sec.  14.) 

Subsequent  to  the  passage  of  the  act  of  the  State  Legislature  of 
April  21,  1818,  the  Commissioners  appointed  by  the  act  of  March  31, 
1815,  conveyed  title  to  and  ceded  jurisdiction  over  the  lands  hereto- 
fore conveyed  to  the  United  States.  Deed  of  cession  recorded  in 
Liber  F,  page  109,  etc.,  of  the  deed  records  of  Clinton  County. 

See  also  General  Act  of  Cession. 

Lease:  Lease  for  five  years,  May  3,  1900,  to  the  Champlain  and 
Saint  Lawrence  Railroad  Company  to  occupy  for  the  purpose  of  right 
of  way  a  strip  of  land  100  feet  in  width  and  about  5,900  feet  in  length 
across  the  reservation,  pursuant  to  authority  of  Acts  of  Congress, 
approved  March  1,  1893,  and  July  28,  1892. 

Revocable  Licenses:  License,  October  7,  1892,  to  John  R.  Myers, 
President  of  Village  of  Rouse's  Point,  to  erect  a  pest  house  on  that 
portion  of  reservation  assigned  for  that  purpose  to  the  Marine  Hos- 
pital Service  in  1885. 

License,  July  15,  1901,  to  John  R.  Myers  to  lay  out  a  golf  course 
on  the  reservation. 

License,  July  13,  1902,  to  James  W.  Callopy  to  construct  and  use 
a  small  wharf  projecting  from  the  reservation. 

License,  June  30,  1906,  to  Delaware  and  Hudson  Co.  for  railroad 
track. 

FORT  NEWTON. 

On  Staten  Island  at  Fort  Wadsworth. 

NEW   YORK   ARSENAL. 

On  Governor's  Island.     See  Fort  Jay. 

FORT  NIAGARA. 

This  reservation  contains  an  area  of  288.50  acres,  and  is  situated  on 
the  Niagara  River  at  its  junction  with  Lake  Ontario,  14  miles  below 
Niagara  Falls,  7  miles  from  Lewiston,  in  Niagara  County.  The  title 
is  as  follows: 

1.  Act  of  the  State  Legislature  passed  April  21,  1840,  authorizing 
conveyance  of  title  and  cession  of  jurisdiction.     See  Infra;  also  Fort 
Montgomery. 

2.  Patent  from  the  Governor  of  New  York,  dated  July  8,  1841, 
conveying  above  site  and  ceding  jurisdiction  in  accordance  with  the 
Act  of  April  21,  1840.     Recorded  in  Book  of  Patents,  No.  25,  page 
630,  in  the  Office  of  the  Secretary  of  State  for  the  State  of  New 
York. 

"  SECTION  1.  The  commissioners  of  the  land-office  are  hereby  au- 
thorized to  cede  and  convey  to  the  United  States  of  America  the 

16809—10 17 


258 

title  of  this  state  to  the  lands  belonging  to  this  state  situate  in  the 
south  village  of  Black  Rock,  between  Lake  street  or  Broadway  and 
the  easterly  line  of  the  Buffalo  and  Black  Rock  railroad,  in  said 
south  village  of  Black  Rock,  or  so  much  thereof  as  may  be  required 
by  the  United  States  of  America,  and  necessary  for  the  purpose  of 
erecting  and  establishing  a  fort,  battery,  barracks,  parade  ground  or 
military  post;  and  also  to  the  lands  covered  by  Fort  Niagara^  and 
such  others  adjacent  thereto  as  shall  be  necessary  for  the  accommo- 
dation of  that  post. 

"  SEC.  2.  The  jurisdiction  over  such  lands  as  shall  be  conveyed  by 
virtue  of  the  first  section  of  this  act,  and  such  other  lands  adjacent 
as  shall  be  purchased  by  the  United  States  for  the  purpose  men- 
tioned in  said  first  section ;  and  over  such  lands  as  shall  be  purchased 
by  the  United  States,  and  as  are  necessary  as  a  site  for  a  fort  near  the 
outlet  of  Lake  Champlain,  from  and  after  the  conveyance  of  such 
lands,  and  upon  the  execution  thereof,  shall  be  ceded  to  and  vest  in 
the  United  States  of  America.  But  such  jurisdiction  shall  not 
impede  the  execution  of  any  process,  civil  or  criminal,  issued  under 
the  authority  of  this  state,  except  so  far  as  such  process  may  affect 
the  real  or  personal  property  of  the  United  States  within  the  ceded 
territory. 

"  SEC.  3.  The  property  over  which  jurisdiction  is  granted,  by  the 
second  section  of  this  act,  shall  be  exonerated  and  discharged  from 
all  taxes  and  assessments  which  may  be  levied  or  imposed  under  the 
authority  of  this  state,  while  the  said  lands  shall  remain  the  property 
of  the  United  States,  and  shall  be  used  for  the  purpose  intended  by 
this  act,  and  not  otherwise.- 

"  SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the 
said  land,  or  any  part  thereof,  for  the  purpose  mentioned  in  the  first 
section  of  this  act,  then  said  lands  shall  revert  to  the  people  of  this 
state."  (Passed  April  21,  1840.  Rev.  Stats,  of  N.  Y.,  8th  ed.  Vol. 
1,  p.  172.) 

(See  Appendix,  page  468.) 

See  also  General  Act  of  Cession. 

Revocable  Licenses :  License,  September  4,  1889,  to  the  light  keeper 
at  Fort  Niagara  to  tap  the  water  main  opposite  the  light  house  dwell- 
ing to  furnish  water  for  domestic  purposes. 

License,  July  21,  1892,  to  the  Treasury  Department  to  locate  a  life- 
saving  station  on  the  reservation. 

License,  October  22,  1894,  to  the  Treasury  Department  to  extend 
the  launchway  in  front  of  the  life-saving  station  thirty  feet  into 
deeper  water  and  to  erect  a  look-out  house  in  the  southwesterly  bas- 
tion of  the  fort. 

License,  February  2,  1897,  to  the  Lewiston  and  Youngstown  Fron- 
tier Railway  Company  to  extend  its  tracks  upon  the  reservation. 

License,  November  18,  1897,  to  the  Treasury  Department  to  con- 
struct a  boat-house  upon  the  reservation. 

License,  June  3,  1903,  to  the  Treasury  Department  to  move  the  life- 
saving  station  about  250  feet  to  the  westward  of  its  former  location 
and  to  construct  a  boat-house  and  launchway. 

FORT    ONTARIO. 

This  reservation  contains  an  area  of  about  75.90  acres,  with  metes 
and  bounds  as  announced  in  G.  O.  No.  51,  W.  D.,  April  8,  1908.  It 


NEW   YORK.  259 

is  situated  on  the  Oswego  River,  at  its  junction  with  Lake  Ontario, 
adjoining  the  City  of  Oswego,  in  Oswego  County.  The  title  is  as 
follows : 

Letters  Patent  from  the  Governor  of  the  State  of  New  York,  dated 
August  15,  1839,  conveying  title  to  and  jurisdiction  over  the  lands 
embraced  in  said  reservation  by  virtue  of  the  authority  given  by  an 
Act  of  the  State  Legislature  passed  April  25,  1830,  which  provides  as 
follows : 

u  SECTION  1.  The  commissioners  of  the  land  office  are  hereby 
authorized  to  convey  to  the  United  States  of  America,  the  title  of  this 
state  to  all  that  parcel  of  land  lying  near  the  mouth  of  the  Oswego 
river  in  OsAvego  county,  known  as  the  old  fort,  military  and  parade 
ground,  containing  fifty-four  acres,  be  the  same  more  or  less,  or  so 
much  thereof  as  may  be  required  by  the  United  States  for  the  pur- 
pose of  reestablishing  the  military  post,  of  rebuilding  the  fort, 
redoubts,  and  barracks,  and  of  improving  the  parade  ground. 

"SEC.  2.  The  jurisdiction  over  such  land  as  may  be  conveyed  by 
virtue  of  the  first  section  of  this  act,  from  and  after  such  conveyance, 
shall -be  ceded  to  the  United  States  of  America,  for  the  purposes  for 
which  such  lands  shall  have  been  conveyed;  such  jurisdiction  shall 
not  be  construed  so  as  to  prevent  or  impede  the  execution  of  any 

Erocess,  civil  or  criminal,  under  the  authority  of  this  state,  except  so 
ar  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States  within  the  said  parcel  of  land. 

"  SEC.  3.  The  property  so  ceded  shall  be  exonerated  and  discharged 
from  any  taxes  which  may  be  imposed  under  the  authority  of  this 
state  while  the  said  land  shall  remain  the  property  of  the  United 
States,  and  while  the  same  shall  be  appropriated  to  the  purposes 
intended  by  this  act  and  not  otherwise. 

"  SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the 
aforesaid  mentioned  land  for  the  purposes  mentioned  in  the  first  sec- 
tion of  this  act,  then  said  land  shall  revert  to  the  people  of  this  state." 
(Passed  April  25, 1839.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  171.) 

See  also  General  Act  of  Cession. 

Easements:  Joint  Resolution  of  Congress,  approved  February  19, 
1869,  granted  to  the  New  York,  Ontario  and  Western  Railway  Com- 
pany (successor  to  the  New  York  and  Oswego  Midland  Company)  a 
right  of  way  through  the  reservation.  Licenses  under  above  author- 
ity, November  8,  1881  and  January  11,  1882. 

Act  of  Congress,  approved  March  3,  1901  (31  Stat.  L.,  1086), 
granted  to  the  Oswego  and  Rome  Railroad  Company  the  right  to 
operate  and  maintain  a  line  of  railroad  through  the  reservation. 

Revocable  Licenses:  License  (in  form  of  agreement),  August  5, 
1852,  to  the  city  of  Oswego  to  make  certain  improvements  upon  the 
land  under  water  lying  in  front  of  the  reservation,  by  excavation,  and 
by  building  wharves,  docks  and  slips  to  a  height  not  exceeding  the 
existing  government  pier  at  Oswego. 

Licenses,  May  27,  1854  and  March  3,  1857,  to  the  city  of  Oswego  to 
use  certain  government  property  at  Oswego. 

License  (in  form  of  agreement)  April  14,  1858,  to  the  city  of 
Oswego  to  erect  wooden  storehouses  upon  the  wharves  erected  by  said 
city,  and  to  use  the  United  States  dock  and  a  small  lot  adjacent 
thereto. 

License,  December  30,  1896,  to  the  city  of  Oswego  to  construct  and 
maintain  a  surface  drain  on  the  reservation. 


260  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

License,  January  18,  1906,  to  the  Ontario  Telephone  Company,  for 
telephone  system. 

License,  July  16,  1906,  to  New  York,  Ontario  and  Western  Ry. 
Co.  for  railroad  track. 

License,  February  6,  1908,  in  lieu  of  one  dated  January  11,  1904, 
to  the  New  York,  Ontario  and  Western  Railway  Company  along  the 
southern  edge  and  southwestern  corner  of  reservation,  etc. 

PLATTSBURG    BARRACKS. 

This  reservation  contains  an  area  of  about  703  acres,  including 
public  highway  and  railroad  right  of  way,  etc.,  and  is  situated  on  the 
west  shore  of  Lake  Champlain,  at  the  town  of  Plattsburg,  in  Clinton 
County.  The  original  reservation,  comprising  about  200  acres,  was 
purchased  about  December  30,  1814,  wrhich  was  diminished  to  about 
197  acres  by  the  extension  of  Hamilton  and  Jay  streets,  cutting  off 
about  two  acres,  which  have  been  sold.  Additional  lands  (506.35 
acres)  were  acquired  under  act  of  Congress  approved  February  16, 
1891.  The  title  to  the  original  reservation  is  as  follows : 

1.  Deed  from  Pliny  Moore  and  wife  and  Levi  Platt  and  wife,  dated 
December  30,  1814,  conveying  200  acres  of  land.     Recorded  in  Liber 
M.  R,  T.,  page  101,  etc.,  of  the  records  of  deeds  in  the  Secretary's 
Office  for  the  State  of  New  York.     For  jurisdiction  over  this  portion 
of  the  reservation  see  Fort  Montgomery  for  act  of  March  31,  1815. 
The  records  do  not  show  that  the  Commissioners  executed  the  deed 
provided  for  in  said  act.     The  title  to  the  addition  to  the  reservation 
is  as  follows : 

2.  Deed  from  William  P.  Mooers  and  wife,  dated  August  24,  1891, 
conveying  40  acres  of  land,  known  as  "  Crab  Island."     Recorded  in 
Vol.  88,  page  420,  of  the  deed  records  of  Clinton  County. 

3.  Deed  from  Patrick  Flannigan  and  wife,  dated  August  27,  1891, 
conveying  8.66  acres  of  land.     Recorded  in  Vol.  88,  page  423,  of  same 
records. 

4.  Deed  from  Hugh  Flannigan  and  wife,  dated  August  27,  1891, 
conveying  61  acres  of  land.     Recorded  in  Vol.  88,  page  424,  of  same 
records. 

5.  Deed  from  Oliver  Sharron  and  wife,  dated  August  27,  1891, 
conveying  40.57  acres  of  land.     Recorded  in  Vol.  88,  page  425,  of 
same  records. 

6.  Deed  from  John  Rice,  et  al.,  dated  August  28,  1891,  conveying 
10.32  acres  of  land.     Recorded  in  Vol.  88,  page  945,  etc.,  of  same 
records. 

7.  Deed  from  Leonard  J.  Howard,  et  al.,  dated  September  2,  1891, 
conveying  the  undivided  five-sixths  of  66.70  acres  of  land.     Recorded 
in  Vol.  88,  page  953,  etc.,  of  same  records. 

8.  Deed  from  David  F.  Dobie,  Guardian,  etc.,  dated  September  21, 
1891,  conveying  the  undivided  one-sixth  of  66.70  acres  of  land.     Re- 
corded in  Vol.  88,  page  955,  etc.,  of  same  records. 

9.  Deed  from  William  W.  Hart-well  and  wife,  dated  September  25, 
1891,  conveying  4.52  acres  of  land.     Recorded  in  Vol.  88,  page  426, 
of  same  records. 

10.  Deed  from  William  W.  Hartwell  and  wife,  dated  October  1. 
1891,  conveying  138.10  acres  of  land.     Recorded  in  Vol.  88,  page  428, 
of  same  records. 


NEW   YORK.  261 

11.  Deed  from  Charles  Thomas  and  wife,  dated  October  1,  1891, 
conveying  8.55  acres  of  land.     Recorded  in  Vol.  88,  page  422,  of  same 
records. 

12.  Decree  of  Condemnation  for  6.10  acres  of  land  in  case  of  the 
United  States,  etc.,  v.  Gervis  G.  Decora  et  al.,  in  the  United  States 
District  Court  for  the  Northern  District  of  New  York.     Rendered 
October  12,  1891,  and  filed  with  the  record  in  said  cause  in  the 
Clerk's  Office  of  said  Court. 

13.  Deed  from  John  Dallaghan  and  wife,  dated  October  20,  1891, 
conveying  14.60  acres  of  land.    Recorded  in  Vol.  88,  page  947,  of  the 
deed  records  of  Clinton  County. 

14.  Deed  from  Eliza  A.  Carter  and  husband,  dated  November  28, 
1891,  conveying  32  acres  of  land.    Recorded  in  Vol.  88,  page  421,  of 
same  records. 

15.  Decree  of  Condemnation  for  1.34  acres  of  land  in  the  case  of 
the  United  States  v.  Margaret  Palmer  et  al.,  in  the  United  States 
District  Court  for  the  Northern  District  of  New  York.     Rendered 
February  9,  1892,  and  filed  with  the  record  in  said  cause  in  the  Clerk's 
Office  of  said  District  Court.   . 

16.  Deed  from  Martha  E.   Bromley,  dated   September  30,   1891, 
conveying  79.21  acres  of  land.     Recorded  in  Vol.  88,  page  427,  of 
the  deed  records  of  Clinton  County. 

17.  Deed  from  Martha  E.  Bromley,  dated  April  7,  1892,  convey- 
ing 79.21  acres  of  land   (to  correct  error  in  deed  of  September  30, 
1891).     Recorded  in  Vol.  89,  page  601,  of  same  records. 

Jurisdiction  over  the  addition  to  the  reservation  was  ceded  to  the 
United  States  by  an  Act  of  the  State  Legislature  passed  March  6, 
1890,  which  provides  as  follows: 

"  SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby 
given  to  the  United  States  to  acquire,  by  condemnation,  purchase  or 
gift,  in  conformity  with  the  laws  of  this  State,  one  or  more  pieces 
of  land  in  the  town  of  Plattsburgh,  county  of  Clinton  and  State  of 
New  York,  not  to  exceed  in  all  one  thousand  acres,  for  military  pur- 
poses for  use  as  a  parade  ground,  or  for  any  military  purposes  con- 
nected with  the  United  States  military  post  at  Plattsburgh,  and  the 
said  United  States  shall  have,  hold,  occupy  and  own  said  lands  when 
thus  acquired,  and  exercise  jurisdiction  and  control  over  the  same 
and  every  part  thereof,  subject  to  the  restrictions  hereinafter  men- 
tioned. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  New  York  in  and  over 
the  said  land  or  lands  mentioned  in  the  foregoing  section,  when  ac- 
quired by  the  United  States,  shall  be,  and  the  same  hereby  is,  ceded 
to  the  United  States,  but  the  jurisdiction  hereby  ceded  shall  continue 
no  longer  than  the  said  United  States  shall  own  the  said  lands. 

"  SEC.  3.  The  said  consent  is  given  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  State  of  New  York  shall  retain 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
land  or  lands,  so  far  as  that  all  civil  process  in  all  cases,  and  such 
criminal  or  other  process  as  may  issue  under  the  laws  or  authority 
of  the  State  of  New  York  against  any  person  or  persons  charged 
with  crimes  or  misdemeanors  committed  within  said  State,  may  be 
executed  therein  the  same  way  and  manner  as  if  such  consent  had 
not  been  given  or  jurisdiction  ceded,  except  so  far  as  such  process 
may  a  fleet  the  real  or  personal  property  of  the  United  States. 


262  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

"  SEC.  4.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  said  land  or  lands, 
by  gift,  purchase  or  by  condemnation,  in  conformity  with  the  laws  of 
this  State,  and  so  long  as  the  said  land  or  lands  shall  remain  the 
property  of  the  United  States,  when  acquired  as  aforesaid,  and  no 
longer,  the  same  shall  be  and  continue  exonerated  from  all  taxes, 
assessments  and  other  charges  which  may  be  levied  or  imposed  under 
the  authority  of  this  State."  (Laws  of  N.  Y.,  1890,  p.  27.) 

See  also  General  Act  of  Cession. 

Easements:  Under  Act  of  Congress  of  May  29,  1908  (35  Stat.,  472), 
the  Secretary  of  War  by  deed,  dated  November  12,  1908,  conveyed  to 
the  Delaware  and  Hudson  Company  a  right  of  way  through  the  orig- 
inal reservation  and  along  the  north  side,  together  with  the  right  to 
occupy  and  use  about  two  acres  in  the  northeast  corner,  in  exchange 
for  the  release  of  all  rights  of  that  company  and  its  subsidiary  com- 
panies within  the  original  reservation.  The  rifle  range  was  acquired 
subject  to  the  right  of  way  of  the  railway  company.  There  is  also 
a  public  highway,  the  "  Lake  Shore  Road,"  running  through  the 
reservation. 

Revocable  Licenses:  License,  March  27,  1896,  to  the  Plattsburg 
Traction  Company,  to  construct  and  operate  its  tracks  on  the  "  Lake 
Shore  Road  "  and  "  Peru  Street  "  within  the  reservation. 

License,  November  28,  1905,  to  the  Clinton  Telephone  Company,  to 
operate  and  maintain  its  existing  telephone  system. 

License,  May  28,  1909,  to  the  Board  of  Public  Works,  Plattsburg, 
N.  Y.,  to  lay  and  maintain  an  8-inch  water  niain  in  the  Lake  Shore 
Road  and  Peru  Street,  within  the  limits  of  the  reservation. 

PLUMB  ISLAND    (KINGS  COUNTY). 

This  reservation  contains  an  area  of  50  acres,  and  is  situated  near 
the  eastern  border  of  Sheepshead  Bay,  being  part  of  the  east  end  of 
Plumb  Island,  in  the  town  of  Gravesend,  in  Kings  County.  The  land 
was  acquired  under  the  provisions  of  an  Act  of  Congress  approved 
August  18,  1890.  The  title  is  as  follows : 

1.  Decree  of  condemnation  for  50  acres  of  land  in  the  case  of  the 
United  States  v.  George  H.  Engeman,  Trustee,  etc.,  et  al.,  in  the 
United  States  District  Court  for  the  Eastern  District  of  New  York. 
Rendered  July  7,  1891,  and  filed  with  the  record  in  the  Clerk's  Office 
of  said  District  Court. 

2.  Deed  from  George  H.  Engeman,  Trustee,  etc..  et  al..  dated  Sep- 
tember  17.   1891.  conveying  rhe  ab<>\>   iarn.ls   l>y   mere*   and   bounds. 
Recorded   in    Liber  2068.   page   -24."..   uf   the   deed   records  of   Kings 
County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  27,  1893,  which  provides  as  follows : 

"  SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given 
to  the  acquisition  by  the  United  States,  by  purchase  or  by  condemna- 
tion proceedings  in  conformity  with  the  laws  of  this  State,  of  one  or 
more  pieces  of  land,  measuring  in  the  aggregate  not  exceeding  sixty 
acres,  situated  adjacent  to  and  on  the  east  side  of  the  present  military 
post  of  the  United  States  at  Fort  Hamilton,  Gravesend  Bay,  New 
York,  and  more  particularly  described  as  follows:  [Here  describes  the 
land  by  metes  and  bounds,]  The  further  consent  of  the  State  of  New 


NEW   YORK.  263 

York  is  hereby  given  to  the  acquisition  by  the  United  States,  by  pur- 
chase or  by  condemnation  proceedings  in  conformity  with  the  laws 
of  the  State  of  New  York,  of  a  piece  of  land  on  Plumb  Island,  near 
eastern  border  of  Sheepshead  Bay,  New  York,  measuring  fifty  acres, 
more  or  less,  taken  from  the  eastern  end  of  said  Island,  and  more 
particularly  described  as  follows:  [Here  describes  the  lands  by  metes 
and  bounds.]  Upon  the  said  lands  so  acquired  near  Fort  Hamilton, 
and  upon  Plumb  Island,  the  United  States  may  erect  fortifications^ 
barracks,  wharves  and  so  forth,  for  the  defence  of  the  southern  or 
main  entrance  to  New  .York  Harbor;  and  the  United  States  shall 
have,  hold,  occupy,  and  own  the  said  lands  when  thus  acquired,  and 
exercise  jurisdiction  and  control  over  the  same  and  every  part  thereof , 
subject  to  the  restrictions  hereinafter  mentioned. 

"  SEC.  2.  The  jurisdiction  hereby  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  such  land  or  lands  by 
purchase  or  by  condemnation  in  conformity  wTith  the  laws  of  this 
State,  nor  until  plats  and  descriptions  of  the  land  thus  acquired  shall 
have  been  filed  in  the  office  of  the  Secretary  of  State  of  the  State  of 
New  York.  Such  jurisdiction  shall  continue  no  longer  than  the 
United  States  shall  own  such  land  or  lands,  and  such  consent  is  given 
and  jurisdiction  ceded  upon  the  express  condition  that  the  State  of 
—New  York  shall  retain  concurrent  jurisdiction  with  the  United  States 
in  and  over  such  land  or  lands  so  far  as  that  all  civil  processes  in  all 
cases,  and  such  criminal  or  other  process  as  may  issue  under  the  laws 
or  authority  of  the  State  of  New  York  against  any  person  or  persons 
charged  with  crimes,  misdemeanors,  or  criminal  offenses  committed 
with  the  State,  may  be  executed  thereon,  in  the  same  way  and  man- 
ner as  if  such  consent  had  not  been  given  or  jurisdiction  ceded,  except 
so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  3.  So  long  as  such  land  or  lands  thus  acquired  shall  remain 
the  property  of  the  United  States,  and  no  longer,  the  same  shall  be 
and  continue  exonerated  from  all  taxes,  assessments,  and  other 
charges  which  may  be  levied  or  imposed  under  the  authority  of  the 
State.  If  the  United  States  can  not  acquire  title  to  any  such  land  or 
lands,  or  any  part  thereof,  by  purchase,  they  may  acquire  such  title 
by  condemnation  by  legal  proceedings  duly  instituted  for  the  pur- 
chase either  in  the  State  or  the  federal  courts."  (Laws  of  N.  Y., 
1893,  Vol.  1,  p.  384.) 

See  also  General  Act  of  Cession. 

Revocable  lease:  February  18,  1909,  to  Frank  J.  Dotzler  and 
B.  J.  Fowler,  for  "  Plumb  Beach  Association."  for  five  years  from 
February  1,  1909.  of  entire  reservation. 

FORT    PORTER. 

This  reservation  contains  an  area  of  about  34  acres  of  land,  and  is 
situated  on  the  Niagara  River,  within  the  limits  of  the  City  of  Buf- 
falo, in  Erie  County.  The  title  is  as  follows: 

1.  Deed  from  Matthias  Bruen,  dated  August  3,  1842,  conveying 
the  North  third  part  of  Block  167,  in  the  village  of  Black  Rock. 
Recorded  in  Liber  68,  page  67,  etc.,  of  the  deed  records  of  Erie 
County. 


264  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

2.  Deed  from  Samuel  K.  Kip,  Master  in  Chancery,  dated  May  21, 
1842,  conveying  the  southerly  and  middle  third  parts  of  Block  167, 
in  the  village  of  Black  Rock.     Recorded  in  Liber  61,  page  379,  of 
same  records. 

3.  Deed  of  release  from  Emily  B.  McKay,  dated  August  1,  1842, 
conveying  right  of  dower,  etc.,  in  Block  167,  above  conveyed.     Re- 
corded in  Liber  68,  page  58,  of  same  records. 

4.  Quit-Claim  Deed  from  Ebenezer  Walden  and  wife,  dated  Au- 
gust 1, 1842,  conveying  all  interest  in  above  Block  167,  etc.    Recorded 
in  Liber  68,  page  38,  of  same  records. 

5.  Deed  from  Christian  Miller  and  wife,  et  al.,  dated  April  15, 1842, 
conveying  Block  No.  168,  in  the  village  of  Black  Rock.     Recorded  in 
Liber  68,  page  38,  of  same  records. 

6.  Decree  of  condemnation  for  Block  186,  in  the  village  of  Black 
Rock,  in  the  case  of  the  United  States  v.  Peter  B.  Porter  et  al.,  in  a 
court  of  Chancery  held  for  the  State  of  New  York,  at  Saratoga, 
August  5,  1842.    Rendered  on  said  date  and  filed  with  the  record  in 
the  Register's  Office  of  said  Court,  and  recorded  January  4,  1843. 

Title  to  a  portion  of  this  reservation  and  jurisdiction  over  all  were 
ceded  to  the  United  States  by  Acts  of  the  State  Legislature  passed 
April  21,  1840;  February  28,  1842;  April  12,  1842,  and  February  9, 
1844,  as  follows : 

(For  act  of  April  21,  1840,  see  Fort  Montgomery.) 

"  SECTION  1.  The  commissioners  of  the  land  office  are  hereby 
authorized  to  cede  to  the  United  States  of  America  the  title  of  this 
state  to  the  point  of  land  belonging  to  this  state,  situate  in  the  south 
village  of  Black  Rock,  lying  north  of  block  one  hundred  and  thirty- 
three  (133)  and  between  the  Erie  canal  and  Black  Rock  harbor,  pro- 
vided the  same  may  be  required  by  the  United  States  for  military 
purposes;  reserving  a  free  and  uninterrupted  use  and  control  in  the 
canal  commissioners  of  all  that  may  be  necessary  for  canal  and  har- 
bor purposes. 

"  SEC.  2.  The  jurisdiction  over  such  lands  as  may  be  conveyed  by 
virtue  of  the  first  section  of  this  act,  and  such  other  lands  as  shall  be 
purchased  by  the  United  States  for  the  purpose  of  erecting  a  fort, 
battery  or  other  military  works  thereon,  adjacent  to,  or  in  the 
vicinity  of  the  lands  owned  by  the  United  States,  and  occupied  by 
the  light-house  in  the  city  of  Buffalo,  shall  be  ceded  to  and  vested  in 
the  United  States;  subject  to  such  conditions  and  restrictions  as  are 
imposed,  by  the  act  hereby  amended."  (Passed  February  28,  1842. 
Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  172.) 

"  SECTION  1.  The  consent  of  the  legislature  of  this  state  is  hereby 
given  to  the  United  States  taking  for  the  site  of  barracks  and  defen- 
sive works  at  or  near  Buffalo,  so  much  of  blocks  numbers  167,  168, 
and  186  in  the  south  village  of  Black  Rock  as  shall  be  deemed  neces- 
sary for  the  purpose,  upon  just  and  full  compensation  being  provided 
for  the  owners  thereof  in  the  manner  prescribed  in  the  fourth  article 
and  second  title  of  the  ninth  chapter  and  third  part  of  the  Revised 
Statutes ;  but  the  consent  so  given  shall  not  impede  the  execution  of 
any  process,  civil  or  criminal  issued  under  the  authority  of  this  state, 
except  so  far  as  such  process  may  affect  the  real  or  personal  property 
of  the  United  States  within  the  said  territory."  (Passed  April  12, 
1842.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  173.) 


NEW   YORK.  265 

"  SECTION  1.  The  commissioners  of  the  land  office  are  hereby  author- 
ized to  cede  and  convey  to  the  United  States  of  America  the  title  of 
this  state  to  certain  lands  belonging  to  this  state,  in  the  south  village 
of  Black  Rock,  in  the  county  of  Erie,  which  are  bounded  and  de- 
scribed as  follows :  Beginning  at  the  northeast  corner  of  Connecticut 
street  and  the  Buffalo  and  Black  Rock  railroad,  thence  first  in  a  north- 
westerly and  next  in  a  northerly  direction  along  the  easterly  side  of 
said  railroad,  to  a  short  street  leading  from  said  railroad  to  Massachu- 
setts street ;  thence  along  the  south  side  of  said  short  street  to  Broad- 
way ;  thence  along  the  west  side  of  Broadway  to  Fifth  street ;  thence 
along  the  southwest  side  of  Fifth  street  to  Rhode  Island  street ;  thence 
along  the  southeast  side  of  Rhode  Island  street  to  Broadway ;  thence 
along  the  west  side  of  Broadway  to  Fourth  street;  thence  along  the 
southwest  side  of  Fourth  street  to  Connecticut  street;  thence  along 
the  northwest  side  of  Connecticut  street  to  the  place  of  beginning ;  or 
so  much  thereof  as  may  be  required  by  the  United  States  of  America, 
and  necessary  for  the  purpose  of  erecting  and  establishing  a  fort,  bat- 
tery, barracks,  parade  ground,  or  military  post;  provided,  always, 
that  this  state  shall  have  the  right  to  quarry,  carry  off,  and  use,  -for 
public  purposes,  the  stone  on  the  southwest  side  of  the  reserve,  called 
the  '  Military  square,'  and  of  the  reserve  immediately  north  thereof, 
until  the  bank  shall  have  been  penetrated  by  such  quarrying  to  within 
fifty  feet  of  the  southwest  side  of  Fourth  street ;  the  United  States  of 
America  being  allowed  to  quarry,  carry  off  and  use  so  much  stone  in 
said  quarry  as  may  be  deemed  necessary  for  the  construction  of  the 
contemplated  defences,  together  with  all  the  buildings  and  other 
erections  that  may  be  connected  therewith. 

"  SEC.  2.  The  jurisdiction  over  such  land,  the  title  of  which  shall 
be  acquired  by  the  United  States  pursuant  to  the  first  section  of  this 
act,  or  has  been  acquired  under  any  law  authorizing  proceedings  in 
the  nature  of  a  writ  ad  quod  damnum,  or  by  purchase  from  indi- 
viduals of  lands  lying  in  the  city  of  Buffalo  and  in  the  village  of 
Black  Rock,  and  over  all  those  streets,  lanes  and  alleys,  lying  between 
blocks  number  one  hundred  eighty-six,  one  hundred  sixty-seven,  and 
one  hundred  sixty-eight,  in  said  village,  and  between  one  and  all  of 
said  blocks  and  the  premises  described  in  the  first  section  of  this  act, 
which  are  or  may  hereafter  be  closed,  or  discontinued  by  law,  for  the 
purpose  of  establishing  a  'fort,  battery,  barracks,  parade-ground  or 
military  post,  at  or  near  Buffalo,  shall  be  ceded  to  and  vest  in  the 
United  States  of  America.  But  such  jurisdiction  shall  not  impede 
the  execution  of  any  civil  or  criminal  process  issued  under  the  au- 
thority of  this  state,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States  within  the  ceded  territory. 

"  SEC.  3.  The  property,  over  which  jurisdiction  is  granted  by  the 
first  section  of  this  act,  shall  be  exonerated  and  discharged  from  all 
taxes  and  assessments  which  may  be  levied  or  imposed  under  the  au- 
thority of  this  state,  while  the  said  land  shall 'remain  the  property  of 
the  United  States,  and  shall  be  used  for  the  purpose  intended  by  this 
act,  and  not  otherwise. 

"  SEC.  4.  Whenever  the  United  States  shall  cease  to  occupy  the  said 
land  or  any  part  thereof,  for  the  purpose  mentioned  in  the  first  sec- 
tion of  this  act,  then  said  lands  shall  revert  to  the  people  of  this 
state."  (Passed  February  9,  1844.  Rev.  Stats,  of  N.  Y.,  8th  ed., 
Vol.  1,  p.  173.) 


266  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

In  accordance  with  the  Act  of  April  21,  1840,  as  amended  by  the 
Act  of  February  28,  1842,  and  also  the  Act  of  February  9,  1844,  cited 
above,  the  Governor  of  the  State  of  NCAV  York,  by  letters  patent, 
ceded  title  to  a  portion  of  the  foregoing  lands,  and  jurisdiction  over 
all  of  them.  Patent  dated  October  17,  1853,  and  recorded  in  the 
Secretary's  Office  of  the  State  of  New  York  October  17,  1853,  in 
Book  of  Patents  No.  34,  page  322. 

Resolution  of  board  of  Trustees  of  the  Village  of  Black  Rock,  in 
Erie  County,  to  the  United  States,  dated  November  22,  1842,  setting 
apart  certain  streets  for  the  use  of  the  military  post.  Resolution 
recorded  in  the  Clerk's  Office  of  said  village. 

The  pioneer  act,  providing  for  the  acquisition  of  lands  at  Black 
Rock  by  the  United  States  for  the  establishment  of  a  military  post, 
was  passed  by  the  State  Legislature  March  19,  1802,  and  is  in  part 
as  follows : 

"Whereas  it  is  necessary  that  a  treaty  be  held  with  the  Seneca 
Nation  of  Indians  to  extinguish  their  claim  to  lands  east  of  Lake 
Erie,  to  enable  this  state  to  cede  their  jurisdiction  or  sell  to  the  United 
States  a  sufficient  quantity  of  the  said  land  at  the  eastern  extremity 
of  Lake  Erie,  at  a  place  called  Black  Rock,  as  may  be  sufficient  for 
the  establishment  of  a  military  post :  Therefore 

"  1.  Be  it  enacted,  etc.,  That  it  shall  and  may  be  lawful  for  the  per- 
son administering  the  government  of  this  state,  or  his  agent  or  agents, 
to  hold  a  treaty  (on  the  part  of  the  peopl-e  of  this  state)  with  the 
Seneca  nation  of  Indians,  to  extinguish  their  claim  to  the  whole  or 
such  part  of  their  lands  at  the  east  end  of  Lake  Erie,  of  one  mile  wide, 
on  Niagara  River,  from  Buffaloes- Creek  to  Stedman's  farm,  includ- 
ing Black  Rock,  with  so  much  land  adjoining  as  shall  be  sufficient 
for  establishing  a  military  post,  on  such  payments  and  annuities  as 
he  or  they  shall  judge  most  conducive  to  the  interests  of  this  state. 

"  2.  That  it  shall  and  may  be  lawful  for  the  person  administer- 
ing the  government  of  this  state,  for  and  on  behalf  of  this  state,  to 
convey  to  the  United  States,  after  the  relinquishment  of  the  claim  of 
the  said  Indians  as  aforesaid,  in  fee  simple,  such  part  of  the  said 
land,  at  the  eastern  extremity  of  Lake  Erie,  at  a  place  called  Black 
Rock,  as  may  be  sufficient  for  the  establishment  of  a  military  post, 
the  United  States  paying  therefor,  the  expense  of  holding  the  said 
treaty,  or  such  part  thereof  as  the  person  administering  the  govern- 
ment of  this  State  shall  judge  reasonable  h  Provided  always,  That 
nothing  in  the  foregoing  grant  to  the  United  States  shall  be  con- 
strued so  as  to  prejudice  the  right  of  portage  of  the  people  of  this 
State'  along  the  said  river  through  the  tract  of  land  which  may  be  so 
conveyed,  and  the  privilege  of  a  road  along  the  shore  of  Lake  Erie, 
and  of  a  ferry  across  the  Niagara  River  at  Black  Rock:  And  pro- 
vided further,  That  such  conve;7ance  shall  in  no  wise  prevent  the 
execution  of  any  process,  civil  or  criminal,  issuing  under  the  authority 
of  this  State  within  the  bounds  of  the  land  so  as  to  be  conveyed,  and 
such  conveyance  shall  expressly  contain  such  condition." 

See  also  General  Act  of  Cession  and  Appendix,  page  494. 

Easements:  Act  of  Congress,  approved  August  4,  1852,  granted 
right  of  way  to  all  rail  and  plank-road  or  macadamized  turnpike 
companies  through  public  lands  of  the  United  States  under  certain 
conditions.  Location  of  a  right  of  way  by  the  Lockport  and  Buffalo 


NEW   YORK.  267 

Railroad  Company  (now  the  New  York  Central),  approved  by  the 
President,  December  21,  1852. 

The  Erie  Canal  crosses  the  reservation  and  a  canal  repair  yard  is 
located  within  the  limits  thereof,  under  authority  of  section  1,  of  the 
Act  of  the  State  Legislature,  passed  February  28,  1842  (ante}. 

Act  of  June  28,  1906  (34  Stat.  L.,  532),  authorizes  the  city  of  Buf- 
falo to  construct  and  maintain  a  tunnel  under  this  reservation,  etc. 

Revocable  Licenses:  License,  by  Joint  Resolution  of  Congress,  ap- 
proved July  11,  18TO,  to  the  city  of  Buffalo  to  improve  and  beautify 
the  grounds  of  Fort  Porter. 

License,  January  5,  1881,  to  the  State  of  New  York  to  use  certain 
defined  parcels  of  land  on  the  reservation  for  canal  purposes. 

License,  June  8, 1883,  to  the  city  of  Buffalo  to  build  a  sewer  through 
the  reservation. 

License,  April  10,  1884,  to  the  Park  Commissioners  of  the  city  of 
Buffalo  to  construct  a  roadway  through  the  reservation. 

License,  October  16, 1885,  to  the  Treasury  Department  to  use  a  por- 
tion of  the  reservation  for  light-house  purposes. 

License,  January  22,  1897,  to  the  Superintendent  of  Public  Works 
of  the  State  of  New  York  to  deposit  upon  the  reservation  the  rock, 
dirt  and  other  material  to  be  taken  from  the  Erie  Canal. 

License,  January  26,  1898,  to  the  Western  Union  Telegraph  Com- 
pany to  construct  its  line  upon  the  reservation. 

License,  September  14,  1900,  to  J.  M.  Roesch  to  move  his  boat  house 
on  the  reservation  to  a  new  location  beyond  the  water's  edge. 

License,  December  12,  1904,  to  the  City  of  Buffalo,  for  coal  and  ash 
conveyor,  etc.,  in  connection  with  water  supply  system. 

SAG    HARBOR. 

This  reservation  contains  an  area  of  about  3,100  square  feet,  and  is 
situated  at  Sag  Harbor,  on  Long  Island,  in  the  County  of  Suffolk. 
The  title  is  as  follows: 

1.  Deed  from  Thomas  S.  Lester,  dated  May  16,  1810,  conveying 
about  3,000  square  feet  of  land.     Recorded  in  Liber  D,  page  182,  of 
the  deed  records  of  Suffolk  County. 

2.  Deed   from  Henry  P.  Dering  and  wife,  dated  November  11, 
1811  conveying  100  square  feet  of  land,  site  of  Powder  House,  and 
right  of  way  thereto. 

For  jurisdiction  see  General  Act  of  Cession. 

I'Ml.-r    SCHWl.KK. 

Tiiis  reservation  contains  an  area  of  02!  acres,  also  a  right  of  way, 
and  is  situated  in  Westchester  County  on  Throg's  Neck,  3J  miles 
from  Westchester,  and  17  miles  from  New  York  City.  The  title  is 
as  follows: 

1.  Deed  from  William  Bayard,  et  al.,  dated  July  26,  1826,  con- 
veying 52  acres  of  land.     Recorded  in  Book  No.  285  page  225,  etc., 
of  the  deed  records  of  Westchester  County. 

2.  Deed  from  Charles  H.  Hammond  and  Thomas  Bolton,  Mas- 
ter in  Chancery,  dated  August  25,  1828,  conveying  said  land.     Re- 
corded in  Liber  33  of  Deeds,  page  296,  etc.,  of  same  records. 


268  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

3.  Deed  of  Release  from  H.  LeRoy,  et  al.,  Guardians,  etc.,  dated 
November  14,  1826,  conveying  said  tract.     Recorded  in  Book  28, 
page  221,  etc.,  of  same  records. 

4.  Deed  from  H.  LeRoy,  et  al.,  dated  April  10,  1837,  conveying 
right  of  way  from  Westchester  to  White  Stone  Ferry.    Recorded  in 
Liber  72,  page  466,  etc.,  of  same  records. 

5.  Deed  from  George  Edwards  and  wife,  et  al.,  dated  April  8,  1837, 
conveying  right  of  way  from  Westchester  to  White  Stone  Ferry. 
Recorded  in  Liber  72,  page  461,  etc.,  of  same  records. 

6.  Deed  from  Thomas  H.  Newrbold,  dated  April  10,  1837,  convey- 
ing right  of  way  from  Westchester  to  White  Stone  Ferry.    Recorded 
in  Liber  72,  page  467,  etc.,  of  same  records. 

Provision  was  made  for  ceding  jurisdiction  to  the  United  States 
by  an  Act  of  the  State  Legislature,  passed  March  31,  1815,  for  which 
see  Fort  Montgomery. 

Title  to  and  jurisdiction  over  water-covered  land  was  ceded  by  an 
Act  of  the  State  Legislature,  passed  May  7,  1880,  for  which  see  Fort 
Wood. 

By  patent  from  the  Governor  of  the  State  of  New  York,  dated 
May  26,  1880,  the  title  to  and  jurisdiction  over  the  premises  described 
in  the  Act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United 
States,  subject  to  the  terms  of  said  act  and  the  limitations  contained 
therein.  Patent  recorded  May  26,  1880?  in  Book  of  Patents  No.  44, 
page  604,  etc.,  of  the  records  of  Patents  in  the  Office  of  the  Secretary 
of  State  for  the  State  of  New  York. 

See  also  General  Act  of  Cession. 

FORT  SLOCUM. 

This  reservation,  which  includes  all  of  David's  Island,  contains  an 
area  of  about  86.50  acres ;  was  purchased  under  authority  of  an  Act 
of  Congress  approved  February  18,  1867,  and  is  situated  at  the  south- 
western extremity  of  Long  Island  Sound,  2  miles  from  NewT  Rochelle, 
Westchester  County,  and  22  miles  from  New  York  City.  The  title  is 
as  follows: 

Deed  from  Simeon  Leland  and  wife,  dated  May  11,  1867,  convey- 
ing "  David's  Island,"  in  New  Rochelle,  County  of  Westchester,  re- 
serving right  of  ferriage.  Recorded  in  Book  — ,  page  — ,  of  the  deed 
records  of  Westchester  County.  Jurisdiction  was  ceded  to  the  United 
States  by  an  Act  of  the  State  Legislature  approved  April  20,  1868, 
which  provides  as  follows : 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  over 
certain  land  situate  in  the  harbor  of  New  Rochelle,  and  known  as 
David's  Island,  the  same  to  be  purchased  and  used  by  the  United 
States  for  military  purposes :  provided,  however,  and  this  act  is  upon 
the  express  condition,  that  all  civil  and  criminal  processes  issued 
under  the  authority  of  this  State,  or  of  any  officer  thereof,  may  be 
executed  on  said  David's  island,  and  in  the  buildings  that  are  or  may 
be  erected  thereon,  in  the  same  manner  as  if  jurisdiction  had  not  been 
ceded  as  aforesaid. 

"  SEC.  2.  The  said  David's  island,  with  the  appurtenances,  build- 
ings, and  other  property  that  may  be  thereon,  shall,  as  soon  as  it  is 
acquired  by  the  United  States,  and  forever  thereafter,  as  long  as  it 
remains  the  property  of  the  United  States,  be  exempt  from  all  state, 


NEW   YORK.  269 

county,  and  municipal  taxation  and  assessments,  and  provided  also, 
that  said  island  shall  not  be  used  for  general  hospital  purposes." 
(Passed  April  20,  1868.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  201.) 

Title  and  jurisdiction  as  to  water-covered  lands  were  ceded  by  an 
Act  of  the  State  Legislature  approved  May  7,  1880,  for  which  see 
Fort  Wood,  and  thereafter,  by  Patent  from  the  Governor  of  the  Sfate 
of  NCAV  York,  dated  May  26,  1880,  the  title  to  and  jurisdiction  over 
the  premises  described  in  the  Act  of  May  7,  1880,  wrere  granted  and 
conveyed  to  the  United  States  subject  to  the  terms  of  the  said  Act  and 
the  limitations  contained  therein.  Patent  recorded  May  26,  1880,  in 
Book  of  Patents  No.  44,  page  604,  etc.,  of  the  records  of  Patents  in 
the  Office  of  the  Secretary  of  State  for  the  State  of  New  York. 

See  also  General  Act  of  Cession. 

FORT  TERRY. 

This  reservation  contains  an  area  of  840  acres  and  includes  the 
whole  of  Plum  Island,  except  about  3  acres  at  the  western  end,  which 
tract  is  reserved  for  light-house  purposes.  Plum  Island  is  situated 
in  Suffolk  County  and  is  surrounded  by  the  waters  of  Long  Island 
Sound  and  Gardiners  Bay. 

The  title  is  as  follows : 

1.  Deed  from  Abram  S.  Hewitt  and  wife,  dated  February  24, 1897, 
conveying,  according  to  survey,  193  acres  of  land.    Recorded  in  Liber 
456,  page  81,  of  the  "deed  records  of  Suffolk  County. 

2.  Deed  from  Abram  S.  Hewritt  and  wife,  dated  June  24,  1901,  con- 
veying 647  acres.    Recorded  in  Liber  508,  page  52,  of  same  records. 

Jurisdiction  ceded,  under  General  Act  of  Cession,  over  premises 
conveyed  in  1897  by  Governor's  deed  of  September  14,  1897. 

Revocable  License:  License,  March  9,  1906,  to  E,  F.  Morgan  Com- 
pany for  laundry. 

FORT    TOMPKINS. 

Included  under  Fort  Wadsworth. 

FORT  TOTTEN. 

This  reservation,  formerly  called  Willets  Point,  contains  an  area  of 
136.35  acres  of  land,  with  metes  and  bounds  as  given  in  G.  O.  No. 
112,  W.  D.,  June  8,  1909,  and  is  situated  on  the  East  River,  in  Queens 
County.  2J  miles  from  Whitestone  and  17  miles  from  New  York  City. 
The  title  is  as  follows: 

1.  Deed  from  George  Irving  and  wife,  dated  May  16,  1857,  convey- 
ing 110  acres  of  land.    Recorded  in  Liber  156,  page  422,  etc.,  of  the 
records  of  deeds  in  Queens  County  Clerk's  Office. 

2.  Deed  from  Henry  Day  and  wife,  dated  April  14,  1863,  convey- 
ing 26.35  acres,  riparian  rights,  and  right  of  way.    Recorded  in  Liber 
204,  page  208,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature  passed  April  15,  1857,  and  April  17,  1875. 

For  act  of  April  15,  1857,  see  Fort  Wadsworth.  The  Act  of  April 
17,  1875,  provides  as  follows: 

"  SECTION  1.  The  first  section  of  the  act  entitled  'An  act  giving  the 
consent  of  the  state  of  New  York,  to  the  purchase  by  the  United 


270  UNITED   STATES    MILITARY  RESERVATIONS,   ETC. 

States  of  certain  property  in  the  counties  of  Queens  and  Richmond, 
and  to  cede  to  the  United  States  jurisdiction  thereof,'  passed  April 
fifteenth,  eighteen  hundred  and  fifty-seven,  is  hereby  amended  to 
read  as  follows  : 

" '  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby 
given,  to  the  purchase  by  the  United  States,  of  all  and  each  and  every 
tract  of  land  on  the  island  of  Long  Island,  in  the  county  of  Queens, 
in  a  direction  opposite  Fort  Schuyler,  East  river,  that  may  be  ac- 
quired by  the  United  States  and  that  shall  be  necessary  (under  the 
appropriation  by  congress  of  March  third,  eighteen  hundred  and 
fifty-seven,  for  the  commencement  of  a  fort  opposite  Fort  Schuyler, 
New  York)  for  the  purpose  of  building  and  maintaining  thereon 
forts,  magazines,  dockyards,  Avharves,  and  other  necessary  structures, 
with  their  appendages,  and  (concurrent  jurisdiction  is  hereby  ceded 
to  the  United  States)  over  all  the  contiguous  shores,  flats  and  waters 
within  four  hundred  feet  from  low-water  mark  (measured  toward  the 
channel),  and  over  the  land  lying  between  high  and  low-water  marks, 
and  in  case  the  owners  of  the  said  land  shall  not  consent  to  sell  the 
same  on  such  terms  as  the  United  States  may  deem  equitable,  the 
consent  of  the  legislature  is  hereby  given  to  the  United  States  taking 
the  same  for  the  purpose  aforesaid,  upon  just  and  full  compensation 
being  provided  for  the  owners  thereof  in  the  manner  prescribed  in 
the  fourth  article  and  second  title  of  the  ninth  chapter  and  third  part 
of  the  Revised  Statutes;  and  all  right,  title  and  claim  which  this 
state  may  have  to  or  in  the  premises  aforesaid  is  hereby  granted  to 
the  United  States,  subject  to  the  restrictions  hereinafter  mentioned.'  r 

See  also  General  Act  of  Cession. 

License,  September  22,  1909,  to  A.  M.  Applegate  to  install,  operate 
and  maintain  steam  laundry  in  Building  No.  59. 

FORT    TYLER. 

This  reservation  was  originally  acquired  for  Light-House  purposes, 
and,  having  been  abandoned  as  a  Light-House  reservation,  was,  on 
April  5,  1898,  transferred  to  the  War  Department  for  purpose  of 
erecting  a  battery  thereon.  It  is  situated  on  Gardiner's  Point  (Gar- 
diner's Island),  near  Sag  Harbor,  Long  Island  Sound,  and  comprises 
an  area  of  about  14  acres. 

The  title  is  as  follows:  Deed  from  John  G.  Gardiner  and  wife, 
dated  August  7,  1851.  Recorded  in  Suffolk  County  Clerk's  Office, 
in  Liber  60  of  Deeds,  page  270. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature  passed  February  27,  1852,  providing  as  follows: 

"  SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby 
ceded  to  the  United  States  of  America  for  the  purpose  of  erecting 
and  maintaining  thereon  a  light-house  and  other  necessary  buildings 
over  all  that  certain  tract  or  parcel  of  land  being  part  of  Gardiners 
Island  in  the  town  of  East  Hampton  in  the  County  of  Suffolk  and 
more  particularly  described  as  follows  to  wit :  All  that  part  of  the 
North  point  of  Gardiners  Island  aforesaid  tying  northwest  of  a  line 
described  and  running  as  follows  to  wit :  Starting  from  a  Stake  on  a 
Sand  ridge  and  running  thence  north  fifty  six  degrees  east,  and  south 
fifty  six  degrees  west,  to  the  waters  on  each  side  of  the  said  point  or 
beach  respectively  and  bounded  northerly,  easterly  and  westerly  by 


YORK.  271 

the  waters  of  Gardiners  Bay  and  southeasterly  by  the  beach  at  the 
aforesaid  line,  containing  about  fourteen  acres  more  or  less. 

"  SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  is  granted 
upon  the  express  condition  that  the  State  of  New  York  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  tract 
of  land  aforesaid  so  far  as  that  civil  process  in  all  cases  and  such 
criminal  process  as  may  issue  under  the  authority  of  the  State  of  New 
York  against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land  may  be  executed  therein  in  the  same 
way  or  manner  as  if  this  jurisdiction  had  not  been  ceded;  the  United 
States  are  to  retain  such. jurisdiction  as  long  as  the  said  tract  of  land 
shall  be  used  for  the  purposes  expressed  in  the  first  section  and  no 
longer." 

See,  also,  General  Act  of  Cession. 

FORT   WADSWORTH. 

This  reservation  contains  an  area  of  about  226  acres,  exclusive  of 
submerged  lands,  with  metes  and  bounds  as  given  in  G.  O.  No.  76, 
W.  D.,  May  11,  1908.  It  is  situated  on  Staten  Island,  in  Richmond 
County.  The  title  is  as  follows: 

1.  Letters  Patent  from  the  State  of  New  York  to  the  United  States, 
dated  February  15,  1847,  conveying  47.50  acres  of  land,  together  with 
the  water  front  and  lands  under  water;  also  ceding  jurisdiction  over 
the  lands  so  conveyed.     Patent  recorded  in  Liber  15,  page  266,  etc., 
of  the  deed  records  of  Richmond  County. 

2.  Deed  from  Peter  Jacobson  and  wTife,  dated  July  8,  1854,  convey- 
ing 5.2  acres  of  land.     Recorded  in  Liber  34,  page  628,  etc.,  of  same 
records. 

3.  Deed  from  William  H.  Aspinwall  and  wife,  dated  May  28,  1856, 
conveying  a  tract  of  land  by  metes  and  bounds.     Recorded  in  Liber 
40,  page  404,  etc.,  of  same  records. 

By  deed  of  the  Governor,  dated  May  26,  1880,  under  Act  of  May  7, 
1880,  title  and  jurisdiction  over  land  below  high-water  line  were 
granted  and  ceded  to  the  United  States.  At  this  time  the  area  above 
high-water  line  was  about  90  acres. 

4.  Decree  of  condemnation  for  7.58  acres  of  land  in  the  case  of  The 
United  States  v.  J.  J.  Alexandre  and  wife  in  the  United  States  Dis- 
trict Court  for  the  Eastern  District  of  New  York.     Rendered  Novem- 
ber 25,  1892,  and  filed  with  the  record  in  the  office  of  the  Clerk  of  said 
District  Court. 

5.  Deed  from  J.  J.  Alexandre  and  wife,  dated  January  5,  1893, 
conveying  same  premises.     Recorded  in  Liber  223,  page  438,  of  the 
deed  records  of  Richmond  County. 

6.  Decree  of  Condemnation  for  18.797  acres  of  land  in  the  case  of 
The  United  States  v.  J.  H.  Alexandre  and  wife  in  the  United  States 
District  Court  for  the  Eastern  District  of  New  York.     Rendered 
November  25,  1892,  and  filed  with  the  record  in  the  office  of  the  Clerk 
of  said  District  Court. 

7.  Deed  from  J.  H.  Alexandre  and  wife,  dated  January  5,  1893, 
conveying  same  premises.     Recorded  in  Liber  223,  page  435,  of  the 
deed  records  of  Richmond  County. 

8.  Decree  of  Condemnation  for  9  acres  of  land  in  the  case  of  The 
United  States  v.  Ellen  Lee  Mayo  in -the  United  States  District  Court 


272  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

for  the  Eastern  District  of  New  York.  Rendered  November  25,  1892, 
and  filed  with  the  record  in  the  office  of  the  Clerk  of  said  District 
Court. 

9.  Deed  from  Ellen  Lee  Mayo,  dated  January  5^  1893,  conveying 
same  premises.    Recorded  in  Liber  225,  page  381,  of  the  deed  records 
of  Richmond  County. 

10.  Decree  of  Condemnation  for  50  acres  of  land,  exclusive  of  cer- 
tain streets,  in  case  of  The  United  States  v.  Serena  P.  Appleton,  in 
the  United  States  District  Court  for  the  Eastern  District  of  New 
York.    Decree  rendered  November  25,  1892,  and  filed  wih  the  record 
in  the  office  of  the  Clerk  of  said  District  Court. 

11.  Deed  from  Serena  P.  Appleton,  dated  January  5,  1893,  convey- 
ing 50  acres  of  land,  exclusive  of  certain  streets.    Recorded  in  Liber 
223,  page  431,  of  the  deed  records  of  Richmond  County. 

12.  Deed  from  Josefa  de  la  Serna  de  Hegewish  and  husband,  dated 
March  14,  1892,  conveying  certain  lands,  etc.,  by  metes  and  bounds. 
Recorded  in  Liber  216,  page  534,  of  same  records. 

13.  Deed  from  Adolfo  Hegewisch  and  wife,  dated  March  14,  1892, 
conveying  certain  lands,  etc.,  by  metes  and  bounds.     Recorded  in 
Liber  216,  page  538,  of  same  records. 

14.  Deed  from  Sarah  Schuyler  Martin,  dated  February  1,1895,  con- 
veying 6.25  acres  of  land.    Recorded  in  Liber  240,  page  374,  of  same 
records. 

15.  Deed  from  Joseph  B.  Whitney  and  wife,  dated  March  11,  1898, 
conveying  certain  lands  by  metes  and  bounds.     Recorded  in  Liber 
259,  page  574,  of  same  records. 

16.  Deed  from  Elizabeth  D.  Ockerhausen,  et  al.,  dated  August  30, 
1898,  conveying  6.72  acres.    Recorded  in  Liber  264,  page  402,  of  same 
records. 

17.  Deed  from  Joseph  B.  Whitney  and  wife,  et  al.,  dated  October 
18,  1900,  conveying  7.725  acres.     Recorded  in  Liber  282,  page  109,  of 
same  records. 

18.  Deed  from  Adeline  Haxtun,  dated  February  14,  1901,  convey- 
ing 5.09  acres.    Recorded  in  Liber  285,  page  387,  of  same  records. 

19.  Deed  from  Henry  Mouquin  and  wife,  dated  October  2,  1901, 
conveying  3.90  acres.     Recorded  in  Liber  288,  page  10,  of  same  re- 
cords. 

20.  Acts  of  the  State  Legislature  of  March  12,  1903  (Chapter  35, 
Laws  of  1903),  and  April  19,  1905  (Chapter  240,  Laws  of  1905),  and 
Letters  Patent,  dated  March  27,  1909,  under  the  last-mentioned  Act, 
releasing  claims  arising  from  tax  sales.    Letters  Patent  recorded  in 
Book  of  Patents  No.  43,  at  page  579,  in  the  Office  of  the  Secretary  of 
State. 

Jurisdiction  of  the  first-described  purchase  was  authorized  to  be 
ceded  with  title  by  an  Act  of  the  State  Legislature,  passed  February 
6,  1836,  which  provides  as  follows : 

"  SECTION.  1.  The  commissioners  of  the  land  office  are  hereby  au- 
thorized to  sell  to  the  United  States  of  America,  upon  such  terms  as 
they  may  think  proper,  so  much  of  the  land  upon  Staten  island  be- 
longing to  the  state  of  New  York,  heretofore  used  for  military  pur- 
poses, as  may  be  required  by  the  government  of  the  United  States  to 
construct  and  maintain  proper  defences  for  the  protection  of  the  har- 
bor of  New  York. 


NEW   YORK.  273 

"  SEC.  2.  The  jurisdiction  over  such  land  as  may  be  sold  by  virtue 
of  the  first  section  of  this  act,  from  and  after  such  sale,  shall  be  ceded 
to  the  United  States  of  America,  for  the  purposes  for  which  such  land 
shall  have  been  sold.  But  such  jurisdiction  shall  not  be  construed  so 
as  to  prevent  or  impede  the  execution  of  any  process,  civil  or  criminal, 
under  the  authority  of  this  state,  except  so  far  as  such  process  may 
affect  the  real  or  personal  property  of  the  United  States  within  the 
said  tract  of  land."  (Passed  February  6,  1836.  Rev.  Stats,  of  N.  Y., 
8th  ed.,  Vol.  1,  p.  170.) 

For  deed,  in  pursuance  of  said  Act,  see  No.  1  herein  ("  Letters  Pat- 
ent from  the  State  of  New  York,  etc.,"  February  15,  1847). 

Jurisdiction  was  also  ceded  by  acts  of  the  State  Legislature,  passed 
April  15,  1857;  April  18,  1861;  February  20,  1862;  for  water-covered 
lands  May  7,  1880;  for  additional  lands  May  6,  1893,  and  February 
14,  1896,  which  acts  provide  as  follows: 

"  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given 
to  the  purchase  by  the  United  States  of  all  and  each  and  every  tract 
of  land  on  the  island  of  Long  island,  in  the  county  of  Queens,  in  a 
direction  opposite  Fort  Schuyler,  East  river,  that  may  be  acquired  by 
the  United  States,  and  that  shall  be  necessary  (under  the  appropria- 
tion by  congress  of  March  third,  eighteen  hundred  and  fifty-seven, 
for  the  commencement  of  a  fort  opposite  Fort  Schuyler,  New  York) 
for  the  purpose  of  building  and  maintaining  thereon  forts,  maga- 
zines, clock  yards,  wharves,  and  other  necessary  structures,  with  their 
appendages,  and  over  all  the  contiguous  shores,  flats  and  waters 
within  four  hundred  feet  from  low-water  mark,  and  in  case  the 
owners  of  the  said  land  shall  not  consent  to  sell  the  same  on  such 
terms  as  the  United  States  may  deem  equitable,  the  consent  of  the 
legislature  is  hereby  given  to  the  United  States  taking  the  same  for 
the  purpose  aforesaid,  upon  just  and  full  compensation  being  pro- 
vided for  the  owners  thereof  in  the  manner  prescribed  in  the  fourth 
article  and  second  title  of  the  ninth  chapter  and  third  part  of  the 
Revised  Statutes;  and  all  right,  title,  and  claim  which  this  state  may 
have  to  or  in  the  premises  aforesaid  is  hereby  granted  to  the  United 
States,  subject  to  the  restrictions  hereinafter  mentioned. 

"  SEC.  2.  The  consent  of  the  state  of  New  York  is  also  hereby  given 
to  the  purchase,  by  the  United  States,  of  all,  each  and  every  portion 
of  that  tract  of  land  on  Staten  island,  in  the  county  of  Richmond, 
New  York,  now  owned  by  William  H.  Aspinwall,  who  is  to  convey 
the  same  to  the  United  States;  said  land  lying  mainly  between  the 
land  of  the  United  States  and  New  York  avenue,  for  the  purpose  of 
building  and  maintaining  thereon  forts,  magazines,  arsenals,  and 
other  necessary  structures,  with  their  appendages. 

"  SEC.  3.  The  jurisdiction  of  the  state  of  New  York,  in  and  over 
the  said  property  referred  to  and  set  forth  in  the  first  and  second  sec- 
tions hereof,  shall  be,  and  the  same  is  hereby,  ceded  to  the  United 
States,  subject  to  the  restrictions  hereinafter  mentioned. 

"  SEC.  4.  The  said  consent  is  given,  and  the  said  jurisdiction  ceded 
upon  the  express  condition  that  the  state  of  New  York  shall  retain  a 
concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
property,  so  far  as  that  all  civil,  criminal  and  other  process,  which 
may  issue  under  the  laws  or  authority  of  the  state  of  New  York,  may 
be  executed  thereon,  in  the  same  way  and  manner  as  if  such  consent 

16809—10 18 


274  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

had  not  been  given,  or  jurisdiction  ceded,  except  so  far  as  such  process 
may  affect  the  real  or  personal  property  of  the  United  States. 

"  SEC.  5.  The  jurisdiction  hereby  ceded  shall  not  vest  in  any  respect 
to  any  portion  of  said  property  until  the  United  States  shall  have 
acquired  the  title  thereto,  by  purchase  or  otherwise. 

"  SEC.  6.  The  said  property,  when  acquired  by  the  United  States, 
shall  be  and  continue  forever  thereafter  exonerated  and  discharged 
from  all  taxes,  assessments,  and  other  charges,  which  may  be  levied 
or  imposed  under  the  authority  of  this  state;  but  the  jurisdiction 
hereby  ceded,  and  the  exemption  from  taxation  hereby  granted,  shall 
continue  in  respect  to  said  property,  and  to  each  portion  thereof,  so 
long  as  the  same  shall  remain  the  property  of  the  United  States,  and 
be  used  for  the  purposes  aforesaid,  and  no  longer."  (Passed  April 
15,  1857.  Rev.  Stats,  of  New  York,  8th  ed.,  Vol.  1,  p.  189.) 

For  Act  of  the  State  Legislature,  passed  April  18,  1861,  see  Fort 
Hamilton. 

"  SECTION  1.  The  last  paragraph  of  the  seventh  section  of  the  act 
entitled  *  *  *  (above  Act  of  April  18,  1861)  is  hereby  amended 
so  as  to  read  as  follows:  for  the  purpose  of  building  and  maintain- 
ing thereon  batteries,  forts,  magazines,  wharfs,  and  other  necessary 
structures,  with  their  appendages,  adjacent  to  Fort  Hamilton,  Kings 
County,  Long  Island,  and  adjacent  to  Fort  Tompkins,  in  the  town  of 
Southfield,  county  of  Richmond,  Staten  Island."  (Passed  February 
20,  1862.) 

See  also  Fort  Hamilton  for  Act  of  February  20, 1862,  as  to  condem- 
nation proceedings. 

For  title  to  and  jurisdiction  over  water-covered  lands,  see  Act  of 
the  State  Legislature  passed  May  7,  1880,  as  set  out  under  caption  of 
"  Fort  Wood." 

By  Patent  from  the  Governor  of  the  State  of  New  York,  dated  May 
26,  1880,  title  to  and  jurisdiction  over  the  premises  described  in  the 
Act  of  May  7,  1880,  were  granted  and  conveyed  to  the  United  States, 
subject  to  the  terms  of  the  said  act  and  the  limitations  contained 
therein.  Recorded  May  26,  1880,  in  Book  of  Patents  No.  44,  page 
604,  etc.,  of  the  records  of  Patents  in  the  Office  of  the  Secretary  of 
State  for  the  State  of  New  York. 

Jurisdiction  over  the  additional  lands  was  ceded  to  the  United 
States  by  acts  of  the  State  Legislature,  passed  May  26,  1893,  and 
February  14,  1896,  which  acts  provide  as  follows : 

"  SECTION  1.  The  consent  of  the  State  of  New  York  is  hereby  given 
to  the  acquisition  by  the  United  States  of  the  following  described 
tracts  or  parcels  of*  land  upon  the  payment  of  the  taxes  now  due 
thereon,  namely :  All  those  certain  tracts  or  parcels  of  land,  situated, 
lying  and  being  in  the  village  of  Edgewater,  in  the  town  of  South- 
field,  in  the  County  of  Richmond,  and  State  of  New  York,  adjacent 
to  the  military  reservation  of  Fort  Wadsworth,  on  Staten  Island,  as 
follows,  to  wit :  One  certain  tract  of  land  containing  about  fourteen 
acres,  and  the  land  and  land  under  water  lying  in  front  thereof,  and 
between  ordinary  high-water  mark  of  New  York  bay  and  the  pier 
and  bulkhead  line  established  by  the  United  States,  and  four  certain 
adjacent  tracts  of  land,  containing  in  the  aggregate  about  eighty-two 
acres,  and  about  four  and  eight  hundred  and  fifty-five  one-thou- 
sandths acres  of  land  and  land  under  water,  lying  in  front  of  that 
portion  thereof  that  borders  on  the  shore  of  New  York  bay,  and 


NEW    YORK.  275 

between  ordinary  high-water  mark  of  said  New  York  bay  and  the 
pier  and  bulkhead  line  established  by  the  United  States;  and  it  is 
hereby  provided  that  the  United  States  may  erect  fortifications,  bar- 
racks, and  other  public  buildings  thereupon  for  the  defense  of  New 
York  harbor ;  and  the  United  States  shall  have,  hold  and  occupy  said 
lands  thus  acquired,  and  shall  exercise  jurisdiction  and  control  over 
the  same  and  every  part  thereof, .subject  to  the  restrictions  hereinafter 
mentioned. 

"  SEC.  2.  The  jurisdiction  hereby  ceded  shall  vest  when  plats  and 
descriptions  of  the  said  lands  thus  acquired,  shall  have  been  filed  in 
the  office  of  the  Secretary  of  State  of  the  State  of  New  York;  such 
jurisdiction  shall  continue  no  longer  than  the  United  States  shall  own 
such  lands,  and  such  consent  is  given  and  jurisdiction  ceded  upon  the 
express  condition  that  the  State  of  New  York  shall  retain  concurrent 
jurisdiction  with  the  United  States  in  and  over  such  lands,  so  far  as 
that  all  civil  and  criminal  process,  duly  issued  under  the  laws  of  said 
State,  for  acts  done  or  offenses  committed  within  said  State,  may  be 
freely  and  fully  executed  on  and  within  the  said  lands,  except  so  far 
as  such  processes  may  affect  the  real  or  personal  property  of  the 
United  States. 

"  SEC.  3.  So  long  as  such  lands  thus  acquired  shall  remain  the  prop- 
erty of  the  United  States,  and  no  longer,  the  same  shall  be  and  con- 
tinue exonerated  from  all  taxes,  assessments,  and  other  charges  which 
may  be  levied  or  imposed  under  the  authority  of  this  State."  (Passed 
May  6,  1893.  Laws  of  N.  Y.,  1893,  vol.  2,  p.  1423.) 

Jurisdiction  over  the  tracts  acquired  from  Elizabeth  D.  Oker- 
hausen,  Joseph  B.  Whitney,  Adeline  Haxtun,  and  Henry  Mouquin 
respectively,  was  ceded  by  the  Governor,  under  the  provisions  of  the 
General  Act  of  Cession,  under  dates  of  October  24,  1898,  December 
19,  1900,  May  9,  1901  and  December  19,  1901. 

See  also  General  Act  of  Cession,  and  Act  entitled  "Act  to  release 
to  the  U.  S.  etc."  dated  March  12,  1903.  (Laws  of  N.  Y.,  1903,  vol.  1, 
p.  151),  releasing  rights  of  State  under  tax  sales. 

Revocable  License:  License,  September  30,  1901,  to  the  Treasury 
Department  to  occupy  for  a  light-keeper's  dwelling  a  tract  of  land 
100  by  125  feet  near  the  intersection  of  New  York  and  Richmond 
Avenues.  (Location  changed  by  letter  of  the  Secretary  of  War  to 
the  Secretary  of  Commerce  and  Labor,  November  5,  1903;  accepted 
by  the  latter  February  15,  1904.) 

WATERVLIET  ARSENAL. 

This  reservation  contains  an  area  of  about  10<5  acres,  and  is  situ- 
ated at  West  Troy,  in  Albany  County.  The  title  is  as  follows : 

1.  Deed  from  James  Gibbons  and  wife,  dated  July  14,  1813,  con- 
veying 12  acres  3  roods  and  28  perches  of  land  with  reservations. 
Recorded  in  Book  D  D,  page  23,  etc.,  of  the  deed  records  in  the 
Clerk's  office  of  the  City  and  County  of  Albany. 

2.  Deed  from  James  Dalliba,  agent,  dated  July  29, 1826.     Recorded 
in  Book  F  F,  No.  2,  page  44,  etc.,  of  same  records.     This  deed  is  a 
release  of  trust,  and  cites  a  deed  taken  inadvertently  to  said  Dalliba, 
special   agent    for   the   people   of   the   United   States,   from    James 
Gibbons  and  wife,  dated  May  17,  1823,  for  seven  lots  in  Gibbonsville, 
near  Watervliet, 


276  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

3.  Deed  from  Esther  Gibbons,  sole  executrix,  etc.,  dated  April  28, 
1828,  conveying  30  acres  of  land.     Eecorded  in  Book  F  F,  No.  2,  page 
139,  of  same  records. 

4.  Deed  from  Peter  S.  Henry,  Master  in  Chancery,  dated  June  17, 
1833,  conveying  44.99  acres  of  land.     Recorded  in  Book  S  S,  page 
447,  etc.,  of  same  records. 

5.  Deed  from  Augustus  Viele  and  wife,  dated  March  18,  1859,  con- 
veying a  tract  therein  described.     Recorded  in  Book  157,  page  336, 
etc.,  of  same  records. 

6.  Deed  from  Albert  G.  Sage  and  wife,  dated  April  7,  1859,  con- 
veying a  tract  therein  described.     Recorded  in  Book  157,  page  116, 
etc.,  of  same  records. 

7.  Quit-Claim  Deed  from  John  B.  Chottar  and  wife,  dated  May  27, 
1859,  conveying  two  tracts  of  land  therein  described ;  also  Lot  No. 
69  in  West  Troy.     Recorded  in  Book  156,  page  506,  etc.,  of  same 
records. 

8.  Deed  from  Joseph  Hackett  and  wife,  dated  May  7,  1861,  con- 
veying part  of  Lot  No.  68.     Recorded  in  Book  172,  page  15,  etc.,  of 
same  records. 

9.  Deed  from  Archibald  A.  Dunlap  and  wife,  dated  May  7,  1861, 
conveying  part  of  Lot  No.  67.     Recorded  in  Book  No.  173,  page  498, 
etc.,  of  same  records. 

10.  Deed  from  Stephen  S.  Wandell  and  wife,  dated  May  7,  1861, 
conveying  part  of  Lot  No.  68.     Recorded  in  Book  172,  page  18,  etc., 
of  same  records. 

11.  Quit-Claim  Deed  from  Esther  E.  Wandell  and  husband,  dated 
May  7,  1861,  conveying  Lot  No.  68. 

12.  Quit-Claim  Deed  from  Archibald  A.  Dunlap  and  wife,  dated 
February  24,  1862,  conveying  north  half  of  Lot  67. 

13.  Deed  from  Albert  G.  Sage  and  wife,  dated  September  7,  1866, 
conveying  a  tract  therein  described.     Recorded  in  Book  208,  page  41, 
etc.,  of  same  records. 

14.  Deed  of  Release  from  the  Trustees  of  Union  College,  dated 
September  12,  1866,  conveying  interest  in  Lot  66.     Recorded  in  Book 
210,  page  337,  etc.,  of  same  records. 

15.  Deed  from  William  J.  Snyder  and  wife,  dated  December  20, 
1866,  conveying  Lot  63.     Recorded  in  Book  210,  page  342,  etc.,  of 
same  records. 

16.  Deed  from  Martha  Davis,  dated  December  22,  1866,  conveying 
Lot  67  and  additional  strip  with  reservation  of  ground  rent.     Re- 
corded in  Book  210,  page  333,  of  same  records. 

17.  Quit-Claim  Deed  from  Jane  Hunter  and  husband,  et  al.,  dated 
December  24,  1866,  conveying  Lot  65.     Recorded  in  Book  210,  page 
347,  of  same  records. 

18.  Quit-Claim  Deed  from  Peter  Thalimer  and  wife,  dated  Jan- 
uary 1,  1867,  conveying  Lot  64.     Recorded  in  Book  210,  page  341, 
etc.,  of  same  records. 

19.  Quit-Claim  Deed  from  Laura  O.  Deming  and  husband,  dated 
January  16,  1867,  conveying  Lot  66.     Recorded  in  Book  210,  page 
334,  etc.,  of  same  records. 

20.  Deed  of  Release  from  Union  College,  dated  February  1,  1867, 
conveying  all  interest  in  Lot  64.     Recorded  in  Book  210,  page  339, 
etc.,  of  same  records. 


NEW   YORK.  277 

21.  Quit-Rent  Deed  from  Archibald  A.  Dunlap  and  wife,  dated 
August  24,   1867,  releasing  ground  rent  on   Lot   67.     Recorded  in 
Book  210,  page  343,  of  same  records. 

22.  Quit-Rent  Deed  from  Alexander  McAllister  and  wife,  dated 
August  27,  1867,  releasing  ground  rent  on  Lot  63.    Recorded  in  Book 
210,  page  338,  etc.,  of  same  records. 

23.  Quit-Rent  Deed  from  Alexander  McAllister  and  wife,  dated 
August  27,  1867,  releasing  ground  rent  on  Lot  65.    Recorded  in  Book 
210,  page  346,  etc.,  of  same  records. 

24.  Deed  from  Elizabeth  Hall  and  husband,  dated  August  16,  1869, 
conveying  Lots  51  and  50.    Recorded  in  Book  232,  page  231,  of  same 
records. 

Jurisdiction  was  ceded  by  acts  of  the  State  Legislature  passed 
March  31,  1815,  April  20,  1830,  March  30,  1833,  April  14,  1859,  and 
March  28,  1867,  which  acts  provide  as  follows : 

(For  act  of  March  31,  1815,  wThich  provides  for  Commissioners  to 
cede  jurisdiction,  etc.,  by  deed,  see  Fort  Montgomery.  No  evidence 
of  deed.) 

"  SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby 
ceded  to  the  United  States  of  America,  for  the  purpose  of  erecting 
and  maintaining  thereon  arsenals,  magazines,  dock-yards  and  other 
necessary  buildings,  over  all  that  certain  tract,  piece  or  parcel  of  land, 
situate,  lying  and  being  in  the  town  of  Watervliet,  in  the  county  of 
Albany,  and  bounded  as  follows,  to  wit:  *  *  *  together  with  all 
the  land  under  water  lying  opposite  and  easterly  of  the  described 
premises,  which  has  been  heretofore  granted  by  letters  patent  to 
James  Gibbons  by  the  people  of  the  State  of  New  York ;  the  evidences 
of  the  several  purchases  of  the  land  which  is  hereby  ceded,  being 
recorded  in  the  office  of  the  clerk  of  the  county  of  Albany ;  but  always 
excepting  and  reserving  out  of  the  lands  above  described,  the  land 
occupied  by  the  Erie  canal,  one  rod  on  each  side  thereof,  and  also  the 
public  highway. 

"  SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  is  granted 
upon  the  express  condition  that  the  State  of  New  York  shall  retain  a 
concurrent  jurisdiction  with  the  United  States,  in  and  over  the  tracts 
of  land  aforesaid,  so  far  as  that  civil  process,  in  all  cases,  and  such 
criminal  process  as  may  issue  under  the  authority  of  the  State  of  New 
York,  against  any  person  or  persons  charged  with  crimes  committed 
without  the  said  tract  of  land,  may  be  executed  therein,  in  the  same 
way  and  manner  as  if  this  jurisdiction  had  not  been  ceded.  The 
United  States  are  to  retain  such  jurisdiction  so  long  as  said  tract  of 
land  shall  be  used  for  the  purposes  expressed  in  the  foregoing  section, 
and  no  longer."  (Passed  April  20,  1830.  Rev.  Stats,  of  N.  Y.,  8th 
ed.,  vol.  1,  p.  167.). 

"  SEC.  3.  The  jurisdiction  of  the  state  of  New  York  is  hereby 
ceded  to  the  United  States  of  America,  for  the  purpose  of  erecting  and 
maintaining  thereon  arsenals,  magazines  and  other  necessary  build- 
ings, over  all  that  certain  tract,  piece,  or  parcel  of  land,  situate,  lying 
and  being  in  the  town  of  Watervliet,  in  the  county  of  Albany,  and 
bounded  as  follows,  to  wit:  Beginning  at  a  stone  set  in  the  ground, 
marked  '  U.  S.  No.  2,'  standing  at  the  south  side  of  the  Shaker  road, 
and  running  thence  from  the  said  stone  along  the  said  road  north 
seventy-two  degrees  east,  sixteen  chains  and  twenty-four  links,  to  a 
stone  in  the  ground,  marked  c  U.  S.  No.  6 ; '  thence  south  twenty-two 


278  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

degrees  west,  ten  chains  seventy-six  links,  to  a  stone  in  the  ground 
marked  '  U.  S.  No.  7 ;  '  thence  north  sixty-eight  degrees  west,  twelve 
chains  eighty-one  links,  to  the  place  of  beginning,  containing  six  acres 
and  eighty-nine  hundredths  of  an  acre.  Also  over  all  that  other  cer- 
tain tract,  piece  or  parcel  of  land  situate,  lying  in,  and  being  in  the 
town  of  Watervliet,  in  the  county  of  Albany,  aforesaid,  bounded  as 
follows,  to  wit :  Beginning  at  a  stone  set  in  the  ground,  marked  '  U.  S. 
No.  4,'  and  running  thence  north  twenty-twro  degrees  east,  six  chains 
and  thirty-four  links,  to  a  stone  in  the  ground  marked  '  U.  S.  No.  3,' 
standing  at  the  south  side  of  the  Shaker  road ;  thence  south  seventy- 
two  degrees  west,  sixteen  chains  and  twenty-four  links,  to  a  stake,  (a 
stone  in  the  ground  marked  '  U.  S.  No.  8  ') ,  on  the  north  side  of  the 
old  Schenectady  road;  thence  along  the  said  road  southeasterly 
twenty-two  chains  and  fifty-nine  links,  to  the  westerly  corner  of  the 
burial  ground;  then  along  the  outside  thereof  north  fifty-seven 
degrees  forty-five  minutes  east,  three  chains  and  twenty-nine  links, 
to  the  most  northerly  corner  of  the  said  burial  ground ;  thence  south 
thirty-two  degrees  fifteen  minutes  east,  three  chains  twenty-nine  links, 
to  the  most  easterly  corner  of  the  said  burying  ground ;  thence  south 
sixty-nine  degrees  east,  one  chain  forty-four  links,  to  a  stake,  (a  stone 
in  the  ground  marked  '  U.  S.  No.  9  ')  ;  thence  south  seventy-nine 
degrees  fifteen  minutes  east,  twelve  chains  eighty  links,  to  a  stone  in 
the  ground  marked  '  U.  S.  No.  10,'  on  the  west  side  of  Erie  canal ; 
thence  along  the  canal  north  ten  degrees  east,  nine  chains  and  ninety- 
three  links,  to  the  south  line  of  the  land  belonging  to  the  people  of  the 
United  States  ( designated  by  a  stone  in  the  ground  marked  '  U.  S. 
No.  11 ') i  ;  thence  along  the  said  line  north  sixty-eight  degrees  west, 
twenty-four  chains  fifty  links,  to  the  place  of  beginning,  containing 
thirty-eight  acres  and  one-tenth  of  an  acre ;  but  always  excepting  and 
reserving  out  of  the  lands  above  described  one  rod  in  width  along  the 
west  side  of  the  Erie  canal. 

"  SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  over  the 
said  tracts  of  land  mentioned  in  the  last  preceding  section,  is  granted 
upon  the  express  condition  that  the  State  of  New  York  shall  retain 
a  concurrent  jurisdiction  with  the  United  States  in  and  over  the  said 
tracts  of  land,  so  far  as  that  civil  process  in  all  cases,  and  such 
criminal  process  as  may  issue  under  the  authority  of  the  State  of  New 
York,  against  any  person  or  persons  charged  with  crimes  committed 
within  or  without  the  said  tracts  of  land,  may  be  executed  therein 
in  the  same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded, 
and  is  to  take  effect  when  the  purchase  by  them  of  the  said  tracts  of 
land  is  completed,  and  the  evidences  thereof  recorded  in  the  office 
of  the  clerk  of  the  county  of  Albany,  and  they  are  to  retain  such 
jurisdiction  so  long  as  the  said  tracts  of  land  shall  be  used  for  the 
purposes  expressed  in  the  foregoing  section,  and  no  longer. 

"  SEC.  5.  The  jurisdiction  hereby  first  ceded  shall  not  vest  until  the 
United  States  shall  have  acquired  the  title  to  the  land  mentioned  in 
the  preceding  section,  either  by  purchase  or  in  the  manner  hereinafter 
prescribed. 

"  SEC.  6.  If  the  United  States  can  not  acquire  the  title  to  the  said 
premises  first  above  described  by  purchase,  the  same  may  be  taken, 
and  the  damages  may  be  ascertained  and  paid  in  the  manner  pre- 
scribed in  the  fourth  article  of  the  second  title  of  chapter  nine  of  the 
third  part  of  the  Revised  Statutes,  and  the  same  proceedings  shall 


NEW   YORK.  279 

be  had  in  all  respects  as  prescribed  in  the  said  article."  (Passed 
March  30, 1833.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  168.) 

"  SECTION  1.  The  jurisdiction  of  the  State  of  New  York  is  hereby 
ceded  to  the  United  States  of  America,  for  the  purpose  of  erecting 
and  maintaining  thereon  arsenals,  magazines  and  other  necessary 
buildings,  and  also  of  using  the  grounds  hereinafter  described  in 
connection  with  the  arsenal  buildings  already  erected,  over  all  that 
certain  tract,  piece,  or  parcel  of  land,  situate,  lying,  and  being  in  the 
village  of  West  Troy,  town  of  Watervliet,  and  County  of  Albany, 
bounded  as  f ollowrs,  to  wit :  [Here  describes  lands  conveyed  by 
Augustus  Viele  and  wife,  March  18,  1859.] 

"  SEC.  2.  The  jurisdiction  so  ceded  to  the  United  States  over  the 
said  tract  of  land  mentioned  in  the  preceding  section,  is  granted  upon 
the  express  condition  that  the  State  of  New  York  shall  retain  a  con- 
current jurisdiction  with  the  United  States  in  and  over  the  said 
tract  of  land,  so  far  as  that  civil  process  in  all  cases,  and  such  crimi- 
nal process  as  may  issue  under  the  authority  of  the  State  of  New 
York,  against  any  person  or  persons  charged  with  crimes  committed 
within  or  without  the  said  tract  of  land,  may  be  executed  thereon  in 
the  same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded, 
and  this  act  is  to  take  effect  when  the  purchase  by  the  United  States 
of  said  tract  of  land  is  completed,  and  the  evidences  recorded  in  the 
office  of  the  Clerk  of  the  County  of  Albany,  and  not  before ;  and  they 
are  to  retain  such  jurisdiction  so  long  as  the  said  tract  of  land  shall 
be  used  for  the  purposes  expressed  in  the  foregoing  section,  and  no 
longer."  (Passed  April  14,  1859.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1, 
p.  191.) 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  of 
America  over  all  that  certain  tract,  piece,  or  parcel  of  land  situate, 
lying,  and  being  in  the  village  of  West  Troy,  town  of  Watervliet,  and 
County  of  Albany,  bounded  as  follows,  to  wit:  *  *  *  And  also 
all  that  certain  other  tract,  piece  or  parcel  of  land  situate,  lying  and 
being  in  said  village  of  West  Troy,  bounded  as  follows,  to  wit :  *  *  * 

"  SEC.  2.  The  State  of  New  York  retains  a  concurrent  jurisdiction 
with  the  United  States  in  and  over  the  said  lands,  so  far  forth  as  that 
all  civil  and  criminal  process  which  may  issue  under  the  laws  or 
authority  of  the  State  of  New  York  may  be  executed  thereon,  in  the 
same  way  and  manner  as  if  this  jurisdiction  had  not  been  ceded,  when 
such  process  does  tiot  affect  the  real  or  personal  property  of  the 
United  States.  This  act  takes  effect  when  the  United  States  has  ac- 
quired, by  purchase  or  otherwise,  the  title  to  said  tract  of  land  and 
has  recorded  the  evidence  of  such  title  in  the  office  of  the  clerk  of  the 
County  of  Albany,  and  not  before. 

"  SEC.  3.  The  said  property,  when  acquired  by  the  United  States, 
shall  be  and  continue  forever  thereafter  exonerated  and  discharged 
from  all  taxes  and  assessments  and  other  charges  which  may  be  levied 
or  imposed  under  the  authority  of  this  State;  but  the  jurisdiction 
hereby  ceded  and  the  exemption  from  taxation  hereby  granted  shall 
continue,  in  respect  to  said  property,  so  long  as  the  same  shall  remain 
the  property  of  the  United  States  and  be  used  for  public  purposes, 
and  no  longer."  (Passed  March  28,  1867.  Rev.  Stats,  of  N.  Y., 
8th  ed.,  vol.  1,  p.  198.) 

Soo  Appendix,  pages  480,  484. 

See  also  General  Act  of  Cession. 


280  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

WEST  POINT. 

This  reservation  comprises  an  aggregate  area  of  about  3,294  acres, 
exclusive  of  Constitution  Island  (area  about  280  acres)  and  sub- 
merged land,  and  is  the  seat  of  the  United  States  Military  Academy. 
The  main  reservation  (area  about  2,523  acres)  is  situated  in  Orange 
County  on  the  west  bank  of  the  Hudson  River,  51  miles  above  the 
city  of  &ew  York.  The  title  is  as  folio  AYS  : 

Main  reservation. 

1.  Deed  from  Stephen  Moore  and  wife,  with  covenant  to  acknowl- 
edge and  levy  fine  or  fines,  to  Henry  Knox,  Secretary  of  War,  etc., 
dated  September  10,  1790,  conveying  2  tracts  of  land,  parts  of  the 
Congreve  and  Moore  patents,  recorded  in  the  office  of  the  Secretary 
of  State  of  the  State  of  New  York,  in  book  of  deeds  No.  24,  page  74, 
etc.,  purchase  authorized  by  act  of  Congress  approved  July  5,  1790. 
Quitclaim  dated  October  1,  1790,  from  Henry  Knox,  Secretary  of 
War,  to  the  same  premises.     Recorded  in  same  book  on  same  page. 

The  boundaries  of  the  above  tracts  were  settled  in  1812,  under  an 
act  of  Congress  approved  January  22,  1811.  According  to  the  report 
of  the  commissioners,  dated  January  22,  1812,  the  area  of  the  Con- 
greve tract  is  1,438  acres  and  that  of  the  Moore  tract  is  332  acres. 
The  report,  proofs  and  map  were  recorded  in  the  office  of  the  Secre- 
tary of  State  of  the  State  of  New  York,  in  book  of  deeds  No.  38, 
page  521,  and  were  accepted  by  an  act  of  Congress  approved  Jan- 
uary 5,  1813. 

2.  Deed  from  Oliver  Gridley  and  wife,  dated  May  13,  1824,  convey- 
ing 310  acres.     Recorded  in  liber  "  Y,"  page  58  of  deed  records  of 
Orange  County.     Purchase  authorized  by  act  of  Congress  approved 
March  10,  1824. 

3.  Deed  from  Kinsley  Twining  and  wife,  et  al.,  dated  May  7,  1889, 
conveying  231   acres,  known  as  the  "Kinsley  Tract,"  exclusive  of 
the  right  of  way  of  the  New  York  West  Shore  and  Buffalo  Railway 
(excepted  from  the  conveyance),  and  inclusive  of  certain  highways 
embracing  6  acres.     Recorded  in  liber  3G9,  page  323,  of  the  same 
records. 

The  following  deeds  of  release  were  taken  to  perfect  title  to  this 
tract:  ' 

(a)  Elizabeth  H.  Kinsley,  May  7,  1889,  releasing  dower.     Liber 
369,  page  355. 

(b)  S.  B.  Diffenderfer,  guardian,  etc.,  July  1,  1889.     Liber  369, 
page  352. 

(c)  Mary  T.  Gridley,  May  7,  1889.     Liber  369,  page  333. 

(d)  Annie  G.  Walker  and  husband,  May  7,  1889.     Liber  369,  page 
348. 

(e)  Henry  H.  Gird,  and  wife,  et  al.,  May  7,  1889.     Liber  369, 
page  339. 

(/)   William  H.  Jaques,  September  24,  1889.     Liber  369,  page  336. 

(g)  Lynott  B.  Root,  et  al.,  May  7,  1889.     Liber  369,  page  344. 

(A)  Eliza  A.  Reed  and  husband,  June  14,  1889.  Liber  369,  page 
361. 

(/)  Kinsley  P.  Diffenderfer  and  wife,  et  al.,  June  14,  1889.  Liber 
369,  page  365. 


NEW   YORK.  281 

(j)   Julia  Twining,  committee  and  special  guardian,  etc.,  July  1, 
1889.     Liber  369,  page  329. 

4.  Governor's  deed,  December  29,.  1908,  conveying  lands  along  the 
Kinsley  tract,  between  high-water  line  and  a  line  in  the  river  100 
feet  distant  therefrom.     Liber  — ,  page  — . 

5.  Deed  from  Margaret  V.  McNulty,  dated  June  G,  1903,  conveying 
a  tract  adjoining  the  reservation  known  as  the  "  Dassouri  "  tract, 
containing  211.82  acres.     Recorded  in  liber  465,  page  448. 

"Round  Pond"  right  of  way  for  water  pipes,  etc. 

6.  Deed  from  Ezra  Drew  and  wife,  dated  August  5,  1879,  conveying 
49.72  acres  including  part  called  "  Round  Pound,"  recorded  in  liber 
294,  page  307. 

7.  Deed  from  Cornelius  Nelson,  October  27,  1881,  conveying  all 
mineral  rights,  also  "  Round  Pond,"  recorded  in  liber  308,  page  296. 

8.  Deed  from  Elijah  C.  Vought,  and  wife,  August  11,  1879,  re- 
leasing interest  in  "  Round  Pond."     Recorded  in  liber  294,  page  332. 

9.  Deed  from  Moses  Gee  and  wife,  dated  July  24,  1879,  conveying 
right  of  way  for  water  pipe,  etc.    Recorded  in  liber  294,  page  63. 

10.  Deed  from  Townsend  Drew,  dated  July  24,  1879,  conveying 
right  of  way,  etc.,  recorded  in  liber  294,  page  60.    • 

11.  Deed  from  Ezra  Drew,  and  wife,  August  5,  1879,  conveying 
right  of  way  for  water  pipes,  etc.    Recorded  in  liber  294,  page  3io. 

12.  Deed  from  Samuel  Van  Voorhis  and  wife,  August  11,  1879, 
conveying  right  of  way,  etc.    Recorded  in  liber  294,  page  336. 

13.  Deed  from  William  Lewis  and  wife,  August  11,  1879,  convey- 
ing right  of  way,  etc.,  recorded  in  liber  294,  page  334. 

"Popolopen  Creek  "  tract  for  water  supply  and  rights  of  way. 

14.  Deed  from  Charles  F.  Roe  and  wife,  dated  June  17,  1905,  con- 
veying 2  tracts  aggregating  267  acres.    Recorded  in  liber  476,  page 
484. 

15.  Deed  from  Charles  F.  Roe  and  wife,  dated  June  17,  1905,  con- 
veying 15  acres.    Recorded  in  liber  476,  page  484. 

16.  Deed  from  Lewis  F.  Goodsell  and  wife,  dated  June  17,  1905, 
conveying  tract  of  103  acres,  with  right  of  way  thereto,  and  another 
tract  of  27.33  acres.    Recorded  in  liber  482,  page  476. 

17.  Deed  from  Charles  H.  Lambert,  and  wife,  dated  September  19, 
1906,  conveying  36  acres.    Recorded  in  liber  490,  page  43. 

18.  Deed  from  Lewis  F.  Goodsell  and  wife,  dated  June  22,  1907, 
conveying  22  acres.    Recorded  in  liber  498,  page  421. 

19.  'Decree  of  condemnation  in  United  States  v.  John  G.  Pavek  and 
wife,  et  al.,  covering  about  211  acres.     Filed  April  8,  1907,  in  the 
same  records. 

20.  Decree  of  condemnation  in  United  States  v.  Clarissa  Rose  et  al., 
covering  2   parcels  containing  35.62   acres  and  4.38   acres  respect- 
ively.   Filed  January  19,  1909,  in  the  same  records. 

21.  Deed  from  David  C.  Rose  and  wife,  dated  September  29,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  486,  page  279, 
et  seq. 

22.  Deed  from  Lambert  Kleitz  and  wife,  dated  March  31,  1906^ 
conveying  easement  for  water  pipe.    Recorded  in  liber  485,  page  381. 


282  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

23.  Deed  from  William  H.  Brooks  and  wife,  dated  July  G,  1905, 
conveying  easement  for  water  pipe.    Recorded  in  liber  476,  page  537. 

24.  Decree  of  condemnation   in  United  States  v,  James  Faiirot, 
et  al.,  Supreme  Court,  Orange  County,  covering  easement  for  water 
pipe.    Filed  December  28,  1905,  in  the  same  records. 

25.  Deed  from  Lee  W.  Beattie  and  wife,  dated  January  8,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  480,  page  100. 

26.  Deed   from  Charles  S.  Degray,  and  Isaac  F.  Garrison,  and 
wife,  dated  January  20,  1906,  conveying  easement  for  water  pipe. 
Recorded  in  liber  480,  page  412. 

27.  Deed  from  Susan  F.  Carpenter,  dated  March  26,  1906,  convey- 
ing easement  for  water  pipe.    Recorded  in  liber  481,  page  413. 

28.  Deed  from  Edward  W.  Dornberger  and  wife,  dated  April  13, 

1906,  conveying  easement   for  water  pipe.     Recorded  in  liber  482, 
page  2. 

29.  Deed  from  Carrie  A.  Garrison,  dated  April  30,  1906,  convey- 
ing easement  for  water  pipe.    Recorded  in  liber  483,  page  102. 

30.  Deed  from  Clinton  Drew  et  al.,  dated  May  29,  1906,  conveying 
easement  for  water  pipe.    Recorded  in  liber  483,  page  399. 

31.  Deed  from  Adclie  Drew,  widow,  et  al.,  dated  July  27,  1906, 
conveying  easement  for  water  pipe.    Recorded  in  liber  484,  page  329. 

32.  Deed  of  Edith  Mandigo,  dated  November  7,  1906,  conveying 
easement  for  water  pipe.    Recorded  in  liber  487,  page  275. 

33.  Deed  from  Elizabeth  Gibney,  dated  October  15,  1906,  convey- 
ing easement  for  water  pipe.    Recorded  in  liber  487,  page  8. 

34.  Deed  from  John  Pierpoint  Morgan  and  wife,  dated  March  12, 

1907,  conveying  easement  for  water  pipe.     Recorded  in  liber  501, 
page  77. 

35.  Decree  of  condemnation  in  United  States  •?>.  Theodore  Faurot 
et  al.,  covering  easement  for  water  pipe.     Filed  February  25,  1907,  in 
the  same  records. 

Constitution  Island. 

This  island  contains  an  area  of  about  230  acres  of  upland  and  about 
50  acres  of  meadow  and  was  donated  to  the  United  States  by  deed 
of  Mrs.  Margaret  Olivia  Sage,  elated  -  -  1908.  Recorded  in  liber 
— ,  page  — ,  of  the  deed  records  of  Putnam  County.  The  donation 
of  this  island  was  accepted  by  act  of  Congress  approved  February 
24,  1909  (35  Stat.  L.,  1166). 

Jurisdiction,  etc. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature,  passed  March  2,  1826;  May  15,  1875;  May  25,  1876; 
April  21,  1879,  as  amended  by  act  of  May  30,  1879;  June  14,  1880; 
May  12,  1881;  May  15,  1888;  February  23,  1905,  as  amended  March 
21,  1905,  and  April  27,  1908,  which  acts  provide  as  follows: 

"Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  State,  in  and  over 
the  tract  of  land  hereinafter  described,  be  and  the  same  is  hereby 
ceded  to  the  United  States ;  that  is  to  say,  all  that  piece  or  parcel  of 
land  lying  in  the  town  of  Cornwall,  in  the  County  of  Orange,  and 
bounded  as  follows:  Beginning  at  the  northeasterly  corner  of  the 
piece  of  land  herein  intended  to  be  described,  at  the  mouth  of  a  small 


NEW   YORK.  283 

creek  which  enters  into  the  Hudson  river  near  the  old  Stores,  and 
thence  up  and  along  the  southeasterly  side  of  the  said  creek,  to  its 
intersection  with  the  northeasterly  side  of  the  road  leading  from  West 
Point  to  John  Kronkhite's ;  thence  southeasterly  along  the  northeast- 
er ty  side  of  the  said  road,  to  its  intersection  with  the  road  which  leads 
from  West  Point  southerly  to  the  widow  Kinsley's ;  thence  from  said 
point  of  intersection  due  south  to  a  point  seven  chains  south  of  the 
line  which  divides  the  Gridley  farm  from  the  post  of  West  Point; 
and  from  thence  south  eighty-one  degrees  east,  to  the  Hudson  river, 
on  a  line  parallel  with  the  said  division  line ;  and  from  thence  north- 
wardly along  the  low-water  mark  of  the  said  river,  to  the  place  of 
beginning,  containing  two  hundred  and  twenty  acres  or  thereabouts; 
Provided,  nevertheless,  That  such  jurisdiction  so  ceded  as  aforesaid 
shall  not  extend  or  be  construed  to  extend  so  as  to  impede  or  prevent 
the  execution  of  any  process,  civil  or  criminal,  under  the  authority 
of  this  State,  except  so  far  as  such  process  may  affect  the  real  or  per- 
sonal property  of  the  United  States,  within  the  said  above-described 
tract  of  land."  (Passed  March  2,  1826.  Rev.  Stats,  of  N.  Y.,  8th  ed., 
vol.  1,  p.  165.) 

"  SECTION  1.  Consent  is  hereby  given  under  paragraph  sixteen  of 
section  eight,  article  one  of  the  Constitution  of  the  United  States,  to 
the  respective  purchases  heretofore  made  by  the  United  States,  of 
the  several  tracts  of  land  at  West  Point,  in  the  county  of  Orange, 
now  held  and  owned  by  the  United  States  for  the  erection  and  main- 
tenance thereon  of  forts,  arsenals,  docks  and  piers,  military  academy, 
hospitals,  and  other  needful  buildings,  and  for  the  maintenance  of  the 
National  cemetery  and  an  observatory,  and  the  legislature  hereby  also 
cedes  the  jurisdiction  over  said  lands  to  the  United  States,  reserving 
the  right  to  serve  civil  and  criminal  process  as  now  existing,  except 
so  far  as  such  process  may  affect  the  real  or  personal  property  of  the 
United  States,  and  occupancy  of  the  highways  now  existing  or  which 
may  exist,  upon  said  lands  under  the  laws  of  this  state."  (Passed 
May  15,  1875.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  209.) 

"  SECTION  1.  All  the  right  and  title  of  the  State  of  New  York  to 
the  following  described  parcel  of  land  covered  with  water  adjacent 
and  contiguous  to  the  lands  of  the  United  States  on  the  Hudson  river 
at  West  Point,  and  jurisdiction  over  the  same,  are  hereby  released  and 
ceded  to  the  United  States  under  article  one,  section  eight,  paragraph 
sixteen  of  the  Constitution,  for  the  purpose  of  erecting  and  maintain- 
ing docks,  wharves,  boat-houses,  batteries,  and  other  needful  military 
structures  and  appurtenances;  *  *  *  Provided,  that  jurisdiction- 
hereby  ceded  shall  continue  no  longer  than  the  United  States  shall 
own  said  land  at  West  Point  and  the  adjacent  land  covered  with 
water  hereby  released;  and  provided  further,  that  all  civil  and  such 
criminal  process  as  may  lawfully  issue  under  authority  of  this  state 
may  be  served  or  executed  over  said  released  lands."  (Passed  May 
25,  1876.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  vol.  1,  p.  214.) 

"  SECTION  1.  The  commanding  officer  of  the  United  States  military 
post  at  West  Point,  New  York,  is  hereby  authorized  by  himself,  or 
such  representative  as  he  may  appoint,  to  enter  upon  any  lands  for 
the  purpose  of  making  surveys,  with  a  view  to  the  improvement  of 
the  water  supply  of  said  United  States  military  post  at  West  Point, 
New  York,  and  to  agree  with  the  owner  or  owners  of  any  lands,  and 


284  UNITED   STATES   MILITAEY  RESERVATIONS,  ETC. 

of  Round  Pond,  as  to  the  amount  of  compensation  to  be  paid  for  the 
same,  or  any  of  the  same,  or  for  the  right  of  way  or  other  easement, 
on  any  lands  which,  or  any  of  which,  may  be  required  for  the  pur- 
poses of  this  act,  or  which  may  be  injuriously  affected  by  any  of  the 
operations  authorized  thereby  or  connected  therewith." 

(Sections  2  and  3  provide  for  condemnation  of  the  property  in  case 
of  disagreement  as  to  purchase.)  (Act  of  April  21,  1879,  as  amended 
by  Act  of  May  30,  1879.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  2ir>.) 

"  SECTION  1.  The  consent  of  the  state  of  New  York  is  hereby  given 
to  the  purchase  by  the  United  States  of  America  of  a  certain  pond, 
known  as  Round  pond,  in  the  town  of  Highlands,  county  of  Orange, 
state  of  New  York,  and  of  certain  lands  adjacent  thereto,  amounting 
in  all  to  forty-nine  and  seventy-two  one  hundredths  acres,  and  of  the 
right  of  laying  a  water  pipe  from  the  same  to  the  United  States  lands 
at  West  Point,  New  York,  for  the  purpose  of  increasing  the  water 
supply  thereof;  and  the  said  United  States  may  hold,  use,  occupy  and 
own  the  said  lands  and  pond  and  exercise  jurisdiction  and  control 
over  the  same  and  every  part  thereof,  subject  to  the  restrictions  here- 
inafter mentioned. 

"SEC.  2.  The  jurisdiction  of  the  state  of  New  York  in  and  over 
said  lands  and  pond  mentioned  in  the  last  section  shall  be  and  the 
same  is  hereby  ceded  to  the  United  States  for  the  purpose  aforesaid; 
and  the  jurisdiction  hereby  ceded  shall  continue  no  longer  than  the 
said  United  States  shall  own  the  said  lands  and  pond. 

"SEC.  3.  The  consent  is  given  and  the  said  jurisdiction  ceded  upon 
the  express  condition  that  the  state  of  New  York  shall  retain  con- 
current jurisdiction  with  the  United  States  in  and  over  the  said  lands 
and  pond  so  far  as  that  all  civil  process  in  all  cases  and  such  criminal 
and  other  process  as  may  issue  under  the  laws  or  authority  of  the 
state  of  New  York  against  any  person  or  persons  charged  with 
crimes  or  misdemeanors  committed  within  said  state,  may  be  exe- 
cuted therein  in  the  same  way  and  manner  as  if  such  consent  had  not 
been  given  or  jurisdiction  ceded,  except  so  far  as  such  process  may 
affect  the  real  or  personal  property  of  the  United  States. 

"  SEC.  4.  So  long  as  the  said  lands  and  pond  shall  remain  the  prop- 
erty of  the  United  States,  and  no  longer,  the  same  shall  be  and  con- 
tinue discharged  from  all  taxes,  assessments,  and  other  charges  which 
may  be  levied  or  imposed  under  the  authority  of  this  state. 

"  SEC.  5.  This  act  shall  not  affect  the  claim  of  .Cornelius  Nelson  in 
and  to  the  minerals  upon  the  said  premises,  nor  the  right  of  the  pub- 
lic to  enjoy  the  public  highways  as  heretofore  used."  (Passed  June 
14,  1880.  Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  226.) 

"  SECTION  1.  The  United  States  is  hereby  authorized,  through  the 
Secretary  of  War,  to  agree  with  the  owner  or  owners  of  any  minerals, 
mineral  fight  or  right  appertaining  to  such  mineral  right  in  said 
lands  and  premises,  purchased  by  the  United  States  in  manner  afore- 
said, to  wit,  said  Round  pond  and  lands  adjacent  thereto,  in  the  town 
of  Highlands,  Orange  County,  New  York,  and  with  the  owner  of  any 
such  minerals,  or  mineral  or  other  rights  as  aforesaid,  in  the  lands 
through  which  the  right  of  laying  a  water  pipe  from  Round  pond  to 
the  United  States  lands  at  West  Point,  New  York,  was  granted  as 
aforesaid,  as  to  the  compensation  to  be  paid  for  the  same,  and  to 
acquire  and  hold  said  minerals,  and  mineral  or  other  rights,  as  afore- 
said." 


NEW   YORK.  285 

(Sections  2  and  3  provide  for  condemnation  of  the  property  in  case 
of  disagreement  as  to  purchase.)  (Passed  May  12,  1881.  Rev.  Stats, 
of  N.  Y.,  8th  ed.,  Vol.  1,  p.  227.) 

"  SECTION  1.  Consent  is  hereby  given  under  paragraph  seventeen  of 
section  eight,  article  one,  of  the  Constitution  of  the  United  States, 
to  the  purchase  by  the  United  States  of  the  whole  or  a  part  of  the 
lands  of  the  estate"  of  the  late  E.  V.  Kinsley  lying  to  the  south  of  and 
adjoining  the  government  lands  at  West  Point,  New  York,  in  the 
county  of  Orange,  and  now  the  property  of  the  heirs  of  said  Kinsley, 
for  the  erection  and  maintenance  thereon  of  forts,  magazines,  arsenals, 
dockyards,  military  academy,  hospitals,  and  other  needful  buildings ; 
and  the  legislature  hereby  also  cedes  the  jurisdiction  over  said  land  to 
the  United  States,  reserving  the  right  to  serve  civil  and  criminal  proc- 
ess as  now  existing,  except  so  far  as  such  process  may  affect  the  real 
or  personal  property  of  the  United  States,  and  the  occupancy  of  the 
highways  now  existing  or  which  may  exist  upon  said  lands  under  the 
laws  of  the  State. 

"  SEC.  2.  This  act  shall  take  effect  upon  the  filing  by  the  United 
States  in  the  department  of  state  of  the  state  of  New  York,  of  proper 
evidence  of  the  purchase  of  said  lands  by  the  United  States,  either  by 
agreement  with  the  heirs  of  the  said  E.  V.  Kinsley  or  in  the  mode  pro- 
vided by  the  laws  of  the  state  of  New  York."  (Passed  May  15,  1888, 
Rev.  Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  237.) 

See  Appendix,  page  476. 

Consent  given  and  jurisdiction  ceded  by  the  Act  of  February  23, 
1905,  as  amended  by  Act  of  March  21,  1905  (Laws  of  New  York, 
1905,  page  108),  to  the  acquisition  by  the  United  States  of  lands  or 
water,  or  any  rights  and  easements  therein,  in  the  town  of  Highlands, 
County  of  Orange,  at  or  adjacent  to  Popolopen  Creek,  upon  the 
following  provisos,  inter  alia: 

"  The  said  consent  is  given  and  the  said  jurisdiction  is  ceded  upon 
the  express  condition,  that  the  state  of  New  York  shall  retain  a  con- 
current jurisdiction  with  the  United  States  of  America  in  and  over 
the  said  land,  waters,  rights  in  land  and  waters  and  rights  of  way 
so  far  as  that  all  civil  or  criminal  processes  which  may  issue  under 
the  laws  or  authority  of  said  state  may  be  executed  -therein,  in  the 
same  manner  and  to  the  same  extent  as  if  such  consent  had  not  been 
given  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect 
the  real  or  personal  property  of  the  United  States  of  America.  *  *  * 

"  The  cession  of  jurisdiction  hereby  made  shall  take  effect  upon  the 
filing  by  the  United  States  of  America  in  the  department  of  state  of 
the  state  of  New  York  of  proper  evidence  of  the  acquisition  of  said 
lands,  water,  rights  to  lands  and  water  and  rights  of  way  by  the 
United  States  of  America,  either  by  agreement  with  the  owners 
thereof,  or  in  the  mode  provided  by  the  laws  of  the  United  States  of 
America  or  of  the  state  of  New  York."  (Laws  of  New  York,  1905, 
page  110.) 

"  SECTION  1.  Consent  is  hereby  given  under  paragraph  seventeen  of 
section  eight,  article  one,  of  the  constitution  of  the  United  States,  to 
the  several  purchases  heretofore  made  by  the  United  States,  since 
May  fifteenth,  eighteen  hundred  and  seventy-five,  of  certain  lands  in 
the  county  of  Orange,  state  of  New  York,  adjacent  or  contiguous  to 
the  military  reservation  at  West  Point,  for  the  erection  and  mainte- 


286  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

nance  thereon  of  forts,  magazines,  military  academy,  hospitals,  docks, 
piers,  and  other  needful  buildings  and  for  other  military  purposes  of 
the  United  States  military  academy,  and  jurisdiction  is  hereby  ceded 
over  all  said  lands  thus  purchased  and  acquired  by  the  United  States, 
and  over  any  roadway  thereon  not  public  highways  across  said  reser- 
vation, and  also  over  such  land  under  water  of  Hudson  river  adjacent 
to  said  purchased  lands  as  may  be  released  or  ceded  to  the  United 
States  by  this  state  under  the  provision  of  this  act:  Provided,  that 
jurisdiction  hereby  ceded  shall  continue  no  longer  than  the  United 
States  shall  own  said  lands  at  West  Point  and  the  adjacent  land 
covered  with  water  hereby  released,  and  provided  further,  that  all 
civil  and  such  criminal  process  as  may  be  lawfully  issued  under 
authority  of  this  state  may  be  served  or  executed  over  said  lands." 
(Passed  April  27,  1908,  page  401,  Vol.  1,  Laws  of  1908.) 

'(Sec.  2,  authorizes  conveyance  made  by  Governors'  deed,  No.  4, 
ante.} 

Easements:  Act  of  Congress,  approved  December  14,  1867,  author- 
ized the  Secretary  of  War  to  grant  a  right  of  way  through  the  reser- 
vation to  the  Hudson  River  West  Shore  Railroad  Company.  License 
under  above  authority,  August  5,  1870.  See  Appendix,  page  476. 

Lease  February  1,  1907,  for  5  years,  to  the  Buttermilk  Falls  Elec- 
tric Company,  of  electric  light  plant  at  Popolopen  Creek. 

Lease  January  20,  1908,  to  William  P.  Duffy,  for  5  years,  from 
April  16,  1908,  of  public  stables. 

Lease  October  1,  1907,  for  5  years,  to  John  P.  Craney,  of  West 
Point  Hotel. 

Revocable  Licenses:  License,  May  15,  1890,  to  the  Highland  Falls 
Water  and  Electric  Power  Company  to  lay,  maintain  and  use  a  line 
of  water  pipe  across  the  southwest  corner  of  the  reservation. 

License,  April  14,  1899,  to  the  Rt.  Rev.  M.  A.  Corrigan  to  erect  and 
maintain  a  chapel  on  the  reservation  under  authority  of  Act  of  Con- 
gress, approved  July  8,  1898. 

FORT  WOOD   (BEDLOE'S  ISLAND). 

This  island  contains  an  area  of  about  12  acres,  and  is  situated  in 
New  York  Harbor,  on  the  western  side  of  the  channel  of  the  upper 
bay ;  is  about  If  miles  Southwest  from  the  "  Battery  "  at  New  York 
City,  2  miles  from  Governor's  Island,  and  1J  miles  from  the  New 
Jersey  shore.  The  Island  is  the  site  of  Fort  Wood,  and  also  of  the 
"Statue  of  Liberty."  Title  and  jurisdiction  are  as  follows: 

By  an  act  of  the  State  Legislature  passed  February  15,  1800,  en- 
titled "An  Act  to  cede  to  the  United  States  the  jurisdiction  of  certain 
Islands  situated  in  and  about  the  harbor  of  New  York,"  which  pro- 
vided as  follows: 

"Be  it  enacted,  etc.,  That  the  following  islands,  iri  and  about  the 
harbor  of  New  York,  and  in  and  about  the  fortifying  of  which,  this 
State  hath  heretofore  expended  or  caused  to  be  expended  large  sums 
of  money,  to  wit,  all  that  certain  island  called  Bedlow's  Island, 
bounded  on  all  sides  by  the  waters  of  Hudson  river;  all  that  certain 
island  called  Oyster  island,  bounded  on  all  sides  by  the  waters  of  the 
Hudson  river;  and  all  that  certain  island  called  Governor's  island,  on 
which  Fort  Jay  is  situate,  bounded  on  all  sides  by  the  waters  of  East 


NEW   YORK.  287 

river  and  Hudson  river,  shall  hereafter  be  subject  to  the  jurisdiction 
of  the  United  States :  Provided,  that  this  cession  shall  not  extend  to 
prevent  the  execution  of  any  process,  civil  or  criminal,  issuing  under 
the  authority  of  this  State,  but  that  such  process  may  be  served  and 
executed  on  the  said  islands,  respectively,  anything  herein  contained 
notwithstanding."  (Passed  February  15,  1800.  See  Eev.  Stats,  of 
N.  Y.,  8th  ed.,  Vol.  1,  p.  152,  sec.  3.) 

That  it  was  the  intention  of  the  Legislature  by  the  above-recited 
Act  to  cede  title  as  well  as  jurisdiction  is  clearly  evident  from  the 
Act  approved  May  7,  1880,  ceding  certain  lands  covered  with  water, 
which  is  as  follows : 

"  SECTION  1.  All  the  right  and  title  of  the  state  of  New  York  to  the 
following  described  parcels  of  land  covered  with  water,  adjacent  and 
contiguous  to  the  lands  of  the  United  States,  in  the  harbor  of  New 
York,  at  Governor's,  Bedloe's,  Ellis's,  and  David's  Islands,  and  Forts 
Lafayette,  Hamilton,  Wadsworth  (or  Tompkins),  and  Schuyler,  and 
jurisdiction  over  the  same,  are  hereby  released  and  ceded  to  the 
United  States  under  article  one,  section  eight,  paragraph  seventeen 
of  the  constitution,  for  the  purpose  of  erecting  and  maintaining  docks, 
wharves,  boat-houses,  sea  walls,  batteries,  and  other  needful  structures 
and  appurtenances.  Said  lands  covered  with  water  are  bounded  and 
described  as  follows.  *  *  *  Provided,  that  jurisdiction  hereby 
ceded  shall  continue  no  longer  than  the  United  States  shall  own  said 
lands  at  Governor's,  Bedloe's,  Ellis's,  and  David's  Islands,  and  at 
Forts  Lafayette,  Hamilton,  Wadsworth,  and  Schuyler,  and  the  adja- 
cent lands  covered  with  water,  herein  described  and  hereby  released ; 
and  provided,  further,  that  all  civil  and  such  criminal  process  as 
may  lawfully  issue  under  authority  of  this  state  may  be  served  or 
executed  over  said  released  lands."  (Passed  May  7,  1880.  Rev. 
Stats,  of  N.  Y.,  8th  ed.,  Vol.  1,  p.  223.) 

Subsequent  to  the  passage  of  the  foregoing  Act,  to  wit,  May  26, 
1880,  the  submerged  premises  were  granted  and  conveyed  to  the 
United  States  of  America  by  the  Governor  of  the  State  of  New  York, 
by  letters  patent,  under  the  terms  of  the  said  Act,  and  with  the  limita- 
tions contained  therein.  Patent  recorded  May  26,  1880,  in  Book  of 
Patents  No.  44,  page  604,  etc.,  of  the  records  of  Patents  in  the  office 
of  the  Secretary  of  State  for  the  State  of  New  York. 

See  also  General  Act  of  Cession. 

License,  January  17,  1905,  to  the  United  States  from  The  Central 
Railroad  Company  of  New  Jersey  to  lay  and  maintain  on  the  prem- 
ises of  said  company  a  steel  pipe  for  the  transmission  of  fresh  water 
to  Fort  Wood.  License  given  "  for  the  term  of  ten  years  *  *  * 
and  thereafter  during  the  pleasure  "  of  the  company. 

License,  May  13,  1905,  to  the  United  States  from  the  National 
Storage  Company,  covering  similar  privilege. 

By  Executive  Order,  dated  December  30,  1901,  The  President 
directed  that  the  Light  House  Reservation  on  Bedloe's  Island  be 
placed  under  the  control  of  the  War  Department,  and  that  Executive 
Order  of  November  16,  1884,  be  modified  so  that  the  Statue  of  Lib- 
erty and  its  surroundings  shall  be  cared  for  by  the  War  Department. 

Revocable  Lease  to  J.  P.  Roberts  for  three  years  from  January  1, 
1907,  covering  landing  of  ferry,  for  the  purpose  of  carrying  freight 
and  passengers  to  and  from  the  reservation. 


288  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 


WOODLAWN    NATIONAL    CEMETERY. 

This  cemetery  contains  an  area  of  2.36  acres  of  land,  and  is  situated 
at  Elmira,  in  Chemung  County.  The  title  is  as  follows : 

Deed  from  the  City  of  Elmira  to  the  United  States,  dated  June  26, 
1877,  conveying  above  tract.  Deed  recorded  in  Book  No.  69,  page 
604,  etc.,  of  the  records  of  deeds  in  the  Chemung  County  Clerk's  Office. 

NORTH   CAROLINA. 

BEACON    ISLAND. 

This  reservation  comprises  the  whole  island  and  is  situated  inside 
Ockrakoke  Inlet,  one  of  the  entrances  to  Pamlico  Sound,  near  the 
mouth  of  the  Neuse  River,  in  Carteret  County.  The  title  is  as  fol- 
lows: 

Deed  from  John  G.  Blount  and  John  Wallace,  dated  September  9, 
1799,  conveying  said  island  as  lying  in  Carteret  County.  Recorded 
in  Book  O,  page  129,  of  the  deed  records  of  said  County. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature,  ratified  July  18,  1794,  and  December  25,  1813,  which 
provide  as  follows : 

"  Whereas  the  Congress  of  the  United  States  have  passed  an  act  to 
provide  for  the  defence  of  certain  ports  and  harbors  in  the  United 
States,  in  which  is  comprised  Cape  Fear  river  and  Occacock  inlet, 
and  also  an  act  to  erect  a  light-house  on  the  headland  of  Cape  Hat- 
teras ;  and  whereas  it  is  expedient  that  the  United  States  should  have 
the  exclusive  jurisdiction  of  a  sufficient  quantity  of  land  on  which 
said  forts  and  light-houses  shall  be  erected : 

"  1.  Be  it  enacted,  etc.,  That  part  of  the  public  ground  laid  off  by 
the  commissioners  of  Smithville,  for  a  fort  on  Cape  Fear  river,  in- 
cluding part  of  the  ground  whereon  Fort  Johnson  formerly  stood, 
with  the  exclusive  jurisdiction  thereof,  shall  be  and  the  same  is  hereby 
ceded  to  the  United  States  of  America,  under  the  condition  herein- 
after mentioned. 

"2.  And  be  it  further  enacted,  That  the  exclusive  jurisdiction  of 
Beacon  island,  in  the  harbor  of  Occacock,  and  four  acres  of  land  at 
the  headland  of  Cape  Hatteras,  and  also  so  much  of  the  town  of 
Smithville,  adjoining  Fort  Johnson,  as  may  be  found  necessary  for 
the  said  fort,  not  exceeding  six  acres,  shall  be  ceded  and  stand  vested 
in  the  United  States,  as  soon  as  the  proprietors  of  said  lands  shall 
convey  the  same  to  the  United  States. 

"  3.  And  be  it  further  enacted,  That  the  above-mentioned  lands  are 
and  shall  be  ceded  to  the  United  States,  upon  the  express  condition, 
that  the  fortifications,  light-houses,  and  beacons,  for  which  the  said 
lands  are  ceded,  shall  be  erected  within  three  years,  and  be  continued 
and  kept  up  forever  thereafter  for  the  public  use. 

"4.  And  be  it  further  enacted,  That  nothing  herein  contained  shall 
be  so  construed  as  to  debar  or  hinder  any  of  the  officers  of  this  state 
from  serving  any  process,  or  levying  executions  within  the  limits 
ceded  by  this  act  to  the  United  States,  in  the  same  manner  and  to  the 
same  effect  as  if  this  act  had  never  been  made."  (Ratified  July  18, 
1794.) 


NORTH    CAROLINA.  289 

(Section  1,  Act  of  Dec.  25,  1813,  provides  for  condemnation,  etc.) 

"  SEC.  2.  That  so  much  of  an  act  entitled  ;An  Act  to  cede  to  the 
United  States  of  America  certain  lands  upon  the  condition  therein 
mentioned,  as  cedes  Beacon  Island,  and  four  acres  of  land  at  the  head 
land  of  Cape  Hatteras,'  as  relates  to  Beacon  Island,  be,  and  the  same 
is  hereby,  revived  and  declared  to  be  in  full  force,  any  law  to  the  con- 
trary notwithstanding:  Provided  always,  and  upon  express  condi- 
tion that  a  fort  be  erected  upon  said  Island  by  the  United  States 
within  five  years  after  the  passing  of  this  act,  and  kept  up  forever 
thereafter  for  the  use  intended  by  the  erection  thereof. 

"  SEC.  3.  That  the  full  and  entire  sovereignty  and  jurisdiction  in 
and  over  said  land  as  may  be  laid  out  and  paid  for,  for  the  purpose  of 
erecting  fortifications  and  light-houses  under  and  by  virtue  of  this 
Act,  on  or  before  the  first  day  of  December,  1814,  be  ceded  absolutely 
and  entirely  to  the  United  States,  who  shall  have,  use,  and  exercise 
exclusive  jurisdiction,  power  and  authority  over  the  same  and  every 
part  thereof. 

"  SEC.  4.  That  nothing  herein  contained  shall  be  so  construed  as  to 
debar  or  hinder  any  of  the  officers  of  this  State  from  serving  any 
process  or  levying  executions  within  the  limits  which  may  be  laid 
off  and  ceded  by  this  Act  to  the  United  States,  in  the  same  manner 
and  to  the  same  effect  as  if  this  act  had  never  been  made."  (Ratified 
December  25,  1813.) 

FORT    CASWELL. 

This  reservation  includes  a  portion  of  Oak  Island,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  124,  W.  D.,  July  7,  1906.  Area, 
about  2750  acres.  It  is  situated  about  2  miles  from  Southport  and 
22  miles  from  Wilmington,  in  Brunswick  County.  The  title  is  as 
follows : 

Deed  from  P.  R.  Dickinson  and  I.  M.  Van  Cleef,  dated  October  12, 
1825,  conveying  tract  by  metes  and  bounds. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  ratified  December  26,  1825,  which  provides  as  follows: 

"  Whereas  the  Congress  of  the  United  States  have  passed  an  act  to 
provide  for  the  defence  of  the  River  Cape  Fear,  by  the  erections  of 
proper  fortifications  on  Oak  Island,  at  the  mouth  of  said  river ;  and 
whereas  it  is  expedient  that  the  United  States  should  have  the  exclu- 
sive jurisdiction  of  said  Island,  on  which  said  fortifications  shall  be 
erected : 

"  Be  it  enacted,  etc.,  That  the  exclusive  jurisdiction  of  the  Island, 
called  Oak  Island,  lying  and  being  at  the  mouth  of  Cape  Fear  River, 
or  of  so  much  threeof  as  shall  be  purchased  by  the  United  States 
for  the  purpose  of  erecting  a  fortification,  shall  be  ceded  to  and  stand 
vested  in  the  United  States,  as  soon  as  the  proprietors  of  said  Island 
shall  convey  the  same,  or  any  part  thereof  to  the  United  States  for 
the  purpose  aforesaid. 

"  II.  And  ~be  it  further  enacted,  That  the  above-mentioned  Island, 
or  such  part  thereof  as  shall  be  purchased  as  aforesaid,  is  and  shall  be 
ceded  to  the  United  States  upon  the  express  condition,  that  the  forti- 
fications for  which  said  land  is  ceded,  shall  be  erected  within  ten  years, 
and  be  continued  and  kept  up  forever  thereafter  for  the  public  use, 

16809—10 19 


290  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

"  III.  And  be  it  further  enacted,  That  nothing  herein  contained 
shall  be  so  construed  as  to  debar  or  hinder  any  of  the  officers  of  this 
State  from  serving  any  kind  of  process  or  levying  executions  within 
the  limits  ceded  by  this  act  to  the  United  States,  in  the  same  manner, 
and  to  the  same  effect,  as  if  this  act  had  never  been  passed."  (Rati- 
fied December  26,  1825.) 

On  June  23,  1888,  two  small  tracts  on  this  reservation  were  trans- 
ferred to  the  Treasury  Department  for  a  Life-Saving  Station  and 
boat  house,  subject  to  the  condition  that  when  needed  for  military 
purposes  the  same  shall  be  surrendered  to  the  War  Department. 

By  letter  of  June  9,  1891,  a  change  in  the  location  of  one  of  these 
tracts  was  authorized. 

Revocable  License,  October  25,  1905,  to  the  Department  of  Agri- 
culture to  erect  steel  tower  on  the  site  occupied  by  flag  staff  used  by 
Life-Saving  Service  officials  for  display  of  storm  warnings. 

FORT    MACON. 

This  reservation  contains  an  area  of  about  405  acres,  and  is  situated 
at  "  Old  Topsail  Inlet,"  2  miles  from  Beaufort  and  Morehead  City,  in 
Carteret  County.  The  title  is  as  follows : 

1.  Deed  from  Jonas  Small  and  Joseph  Davis,  dated  May  1,  1810, 
conveying  6  acres  and  118  square  perches  of  land.     Recorded  in  Book 
P,  page  286,  of  the  deed  records  of  Carteret  County. 

2.  Certificate  from  J.  R.  Dunnell,  Sheriff  of  Carteret  County,  and 
a  Jury,  in  condemnation  proceedings,  to  the  United  States,  dated 
June  1,  1826,  conveying  "  Bogue  Banks,"  containing  405.59  acres. 
Recorded  in  Book  T,  page  446,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature,  ratified  December  18,  1807,  and  January  4,  1826,  which 
provide  as  follows: 

"Whereas  the  harbor  of  Old  Topsail  Inlet  is  at  present  in  an 
unguarded  state,  and  is  generally  nineteen  feet  water  on  the  bar  of 
said  harbor,  which  renders  it  necessary  that  the  United  States  should 
have  the  jurisdiction  of  certain  land  convenient  thereto,  in  order  that 
a  fort  may  be  erected  thereon  for  the  defence  of  the  said  port  and 
harbor ; 

"  1.  Be  it  enacted,  etc.,  That  five  acres  of  land,  in  the  county  of 
Carteret,  on  the  west  side  and  adjoining  Old  Topsail  Inlet,  be,  and 
the  same  is  hereby  ceded  to  the  United  States  of  America,  for  the 
purpose  of  erecting  a  fort  thereon  for  the-  defence  of  the  said  port 
and  harbor. 

"2.  And  ~be  it  further  enacted,  That  Bryant  Helen,  Jeconias  Pick- 
ens,  and  James  Stanton  be,  and  they  are  hereby,  appointed  commis- 
sioners to  survey,  lay  off  and  mark  the  boundaries  of  the  said  five 
acres,  and  shall  return  a  correct  plan  thereof  to  the  office  of  the 
secretary  of  state;  and  the  said  plan  so  by  them  returned,  shall  be 
deemed  full  and  sufficient  evidence  of  the  boundaries  aforesaid :  Pro- 
vided, that  the  land  ceded  by  virtue  of  this  act  is  subjected  to  the  fol- 
lowing condition :  That  the  said  fort  shall  be  erected  thereon  within 
three  years  from  the  passing  thereof,  and  provided  also,  that  nothing 
herein  contained,  shall  be  construed  to  debar  any  of  the  officers  of  this 
state  from  serving  any  process  or  levying  executions  within  the  limits 
ceded  by  this  act,  in  the  same  manner  and  to  the  same  effect,  as  if  this 
act  had  never  been  passed.  *  *  *  "  (Ratified  December  18,  1807.) 


NORTH    CAROLINA.  291 

"  1.  Whereas  the  Congress  of  the  United  States  have  passed  an  act 
to  provide  for  the  defence  of  Old  Topsail  Inlet  in  this  State  by  the 
erection  of  proper  fortifications  at  Bogue  Banks ;  and  whereas  it  has 
been  suggested  that  difficulties  have  been  experienced  by  the  United 
States  in  procuring  proper  titles  to  the  sites  required  and  whereas  it 
is  also  expedient  that  the  United  States  should  have  the  exclusive 
jurisdiction  of  said  site  on  which  said  fortifications  shall  be  erected. 

"2.  That  the  exclusive  jurisdiction  of  a  certain  tract  of  land 
called  Bogue  Banks,  butted  and  bounded  as  follows,  to  wit:  Begin- 
ning at  a  point  on  the  Atlantic  shore,  thence  a  line  due  North  and 
South  will  touch  the  extreme  end  of  a  line  extending  west  two  thou- 
sand seven  hundred  and  ninety-five  yards  from  a  point  at  the  ex- 
treme east  end  of  Bogue  Banks,  thence  from  the  beginning  due  North 
across  Bogue  Banks  four  hundred  and  eighteen  yards  till  it  meets 
the  Avater's  edge,  thence  eastwardly  following  the  shore  along  Fish- 
ing Creek,  and  along  the  shore  to  the  extreme  eastern  point  of 
Bogue  Banks,  thence  round  said  point  along  the  Atlantic  Ocean  west- 
wardly  to  the  beginning  containing  four  hundred  and  five  acres  and 
fifty-nine  hundredths,  more  or  less,  shall  be  ceded  and  stand  vested  in 
the  United  States,  as  soon  as  the  proprietors  of  said  land  shall  con- 
vey the  same  to  the  United  States;  or,  in  case  the  proprietors  shall 
refuse  to  convey,  or  be  unknown,  then  as  soon  as  the  said  land  shall 
be  viewed,  laid  off  and  valued  as  hereinafter  shall  be  directed ;  saving 
and  reserving  to  the  present  proprietors  of  the  fisheries  the  right  of 
fishing  upon  said  Banks  as  heretofore  exercised  by  them. 

"  3.  That  should  the  owner  or  owners  of  said  land  be  unknown  or 
refuse  to  sell  the  same  for  a  fair  price  and  the  United  States  shall  by 
their  attorney  for  the  District  of  North  Carolina  file  with  his  Excel- 
lency the  Governor  of  this  State  a  suggestion  in  writing,  setting 
forth  their  desire  to  obtain  a  site  for  the  erection  of  fortifications  on 
said  lands  called  Bogue  Banks  and  describing  in  such  suggestion  the 
situation  of  such  site  and  the  name  of  the  owner  or  owners,  if  known, 
it  shall  be  the  duty  of  the  Governor  forthwith  to  transmit  a  copy  of 
such  suggestion  to  one  of  the  Judges  of  the  Superior  Courts  of  Law 
and  Equity  of  this  State  who  shall  on  receipt  thereof  issue  a  writ  of 
venire  facias  to  the  Sheriff  of  the  County  in  which  site  so  required  is 
situated  commanding  him  to  summon  twenty-four  freeholders  of  his 
County  to  appear  on  the  premises  on  a  day  certain,  from  which  he 
shall  draw  by  lot  a  jury  of  eighteen  persons  entirely  unconnected 
with  the  owner  or  owners  of  such  land,  who  being  duly  sworn  by  the 
Sheriff  or  his  lawful  deputy,  either  of  whom  is  hereby  authorized 
and  empowered  to  administer  the  oath  to  the  said  jurors  truly  and 
impartially  to  value  lay  off  and  allot  to  the  United  States  the  405.59 
acres  of  land  aforesaid  under  their  hands  and  seals  in  the  presence 
of  such  Sheriff  or  his  lawful  deputy  who  shall  deliver  the  said  writ 
of  venire  facias  with  his  return  thereon  and  the  report  of  the  jury 
under  their  hands  and  seals,  within  ten  days  thereafter  to  the  public 
register  of  the  County  in  which  such  site  and  lands  lie  who  shall 
forthwith  register  the  same  in  the  records  of  his  office ;  and  thereupon 
the  United  States  shall  on  payment  of  the  valuation  to  the  person  or 
persons  to  whom  such  lands  belong,  or  if  such  person  or  persons  re- 
fuse to  accept  the  same,  or  be  unknown,  on  payment  of  the  same  into 
the  public  Treasury  of  this  State,  therein  to  await  the  order  or  de- 


292 

mand  of  the  rightful  owner,  be  seized  thereof  for  the  purpose  men- 
tioned in  this  act:  Provided  Always  and  Upon  Express  Condition, 
That  such  site  for  the  purpose  of  erecting  fortifications  and  the 
annexed  land  laid  off  and  allotted  as  above  mentioned  shall  be  so 
used  within  five  years  after  the  filing  of  such  petition,  and  be  and 
occupied  continuously  thereafter  for  such  purposes;  otherwise  such 
site  and  annexed  land  shall  revert  to  this  State. 

"  4.  That  nothing  herein  contained  shall  be  so  construed  as  to  de- 
bar or  hinder  any  of  the  officers  of  this  State  from  serving  any 
process  or  levying  executions  within  the  limits  ceded  by  this  act  to 
the  United  States,  in  the  same  manner  and  to  the  same  effect  as  if 
this  act  had  never  been  made."  (Ratified  January  4,  1826.) 

Revocable  Licenses:  The  Secretary  of  War  announced  May  15, 
1880,  that  general  fishing  privileges  were  extended  to  any  who  might 
desire  to  fish  on  the  beach,  provided  no  disturbance  or  damage  was 
created. 

License,  May  15,  1894,  to  the  Commissioner  of  Fish  and  Fisheries 
to  use  a  tract  of  marsh  land  as  an  oyster  experimental  station. 

License,  December  5,  1905,  to  Mr.  H.  D.  Goodwin,  Life-Saving 
Service,  for  small  shelter  house. 

License,  February  23,  1907,  to  the  Treasury  Department  to  use  and 
occupy  a  site  upon  the  reservation  for  the  purposes  of  a  life-saving 
station  and  boathouse. 

MILITIA     TARGET     RANGE. 

This  range  is  situated  near  Morehead  City,  in  Carteret  County, 
and  comprises  an  area  of  about  25.6  acres.  The  title  is  as  follows: 

1.  Deed  from  Kilby  Oglesby,  et  al.,  dated  August  4,  1906,  con- 
veying 11.7  acres.     Recorded  in  Book  7,  page  428,  Office  of  Register 
of  Deeds,  Carteret  County. 

2.  Deed  from  John  C.  Banks,  et  al.,  dated  August  14,  1906,  convey- 
ing 13.4  acres.     Recorded  in  Book  7,  page  427,  of  same  records. 

3.  Deed  from  John  C.  Banks,  et  ux.,  dated  July  13,  1908,  convey- 
ing about  one-half  acre.     Recorded  in  Book  8,  page  146,  of  same 
records. 

NEWBERN     NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  7.69  acres,  and  is  situated  at 
Newbern,  in  Craven  County.  The  title  is  as  follows: 

1.  Deed  from  William  P.  Moore  and  wife,  dated  March  13,  1869, 
conveying  7.589  acres  of  land.     Recorded  in  Book  No.  69,  folio  323, 
of  the  deed  records  of  Craven  County. 

2.  Deed  from  Isaac  N.  Hughes  and  wife,  dated  July  1,  1874,  con- 
veying an  additional  strip  of  land.     Recorded  in  Book  75,  folio  344, 
etc.,  of  same  records. 

3.  Deed  of  Release  from  Murray,  Ferris  &  Company,  dated  No- 
vember 8,  1869,  conveying  interest  in  premises  conveyed  by  Hughes. 
Recorded  in  Book  No.  70,  folio  233,  etc.,  of  same  records. 

4.  Deed  from  the  City  of  Newbern,  dated  November  26,  1888,  con- 
veying right  of  way  60  feet  wide  from  said  City  to  the  Cemetery. 

Jurisdiction  was  ceded  to  the  United  States  by  the  following  act 
of  the  State  Legislature,  of  March  28.  1870 : 

"  Whereas  the  government  of  the  United  States  of  America  has 
purchased  for  use  as  a  national  cemetery  a  certain  piece  or  parcel  of 


?.TH   CAROLINA.  293 

land  in  Craven  county,  bounded  and  described  as  follows,  to  wit: 
*     *     *     containing  seven  and  five  hundred  and  eighty-nine  thou- 
sandths acres:  and  whereas  it  is  expedient  that  the  United  S: 
should  have  exclusive  jurisdiction  of  the  land  described  above  and 
used  as  aforesaid:  Therefore — 

^ECTIOX  1.  I  ral  Assembly  of  Sorth  Carolina  do  enact, 

That  the  exclusive  jurisdiction  of  the  seven  acres,  five  hundred  and 
eighty-nine  thousandths  of  an  acre  of  land  in  Craven  county,  and 
used  as  a  national  cemetery,  shall  be  ceded  and  is  hereby  vested  in 
the  United  States  upon  condition  that  the  said  national  cemetery  be 
continued  and  kept  up. 

^EC.  -2.  That  nothing  herein  contained  shall  be  so  construed  as  to 
debar  or  hinder  any  of  the  officers  of  this  State  from  levying  any 
process  or  levying  execution  within  the  limits  over  which  jurisdic- 
tion is  by  this  act  ceded  to  the  United  States,  in  the  same  manner  and 
to  the  same  effect  as  if  this  act  had  never  been  passed/'  (Ratified 
March  28.  1870.) 

RALEIGH   NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  7.S3  acres,  and  is  situated  at 
Raleigh  in  Wake  County.  The  title  is  as  follow 

Deed  from  the  State  of  North  Carolina,  dated  January  17.  1871. 
conveying  entire  tract.  Recorded  in  Book  38,  page  83.  of  the  deed 
records  of  Wake  County. 

Jurisdiction  ceded  to  the  United  States  by  the  following  act  of  the 
State  Legislature  of  April  10.  1869: 

SECTION  1.  The  General  Assembly  of  Xorth  Carolina  do  enact, 
That  the  Governor  of  this  State  be,  and  he  is  hereby,  authorized  and 
directed  to  grant  or  cede,  in  behalf  of  the  State,  to  the  United  States 
of  America,  a  certain  parcel  of  land,  situated  in  the  county  of  Wake, 
the  same  being  a  rectangular  tract  of  land,  five  hundred  and  twenty- 
four  ( 5:24)  feet  in  width,  and  bounded  on  the  north  by  land  owned  by 
B.  F.  Moore,  on  the  east  by  the  land  owned  by  J.  P.  H.  Russ.  and  on 
the  south  and  west  by  land  owned  by  this  State. 

"Si  2.  That  this  grant  is  made  in  consideration  of  the  United 
States  occupying  this  parcel  of  land  herein  directed  to  be  granted  as  a 
Xational  Cemetery :  and  whenever  it  shall  cease  to  be  used  for  such 
purposes,  the  title" to  the  same  shall  revert  to  this  State. 

u  SEC.  3.  That  nothing  herein  contained  shall  be  so  construed  a 
debar  or  hinder  any  of  the  officers  of  this  State  from  suing  any  proc- 
r  levying  executions  within  the  limits  of  this  act.  ceded  to  the 
United  States  in  same  manner  and  to  the  same  effect  as  if  this  act  had 
never  been  passed."     (Ratified  April  10,  1869.) 

SALISBURY  NATIONAL  CEMETERT. 

This  reservation  contains  an  area  of  about  6  acres,  and  is  situated 
at  Salisbury,  in  Rowan  County.  The  title  is  as  folk 

1.  Deed  from  Joseph  Horah  and  wife,  dated  January  7.  IS 70,  con- 
veying 3  acres.  3  roods,  and  10  poles  of  land.  Recorded  in  Book  4."». 
pasre  553.  of  the  deed  records  of  Rowan  County. 

Deed  from  Joseph  Horah  and  wife,  dated  January  7.  1^74.  con- 
veying 4.88-2  square  feet  of  land.  Recorded  in  Book  No.  47.  page  553, 
of  the  same  records. 


294  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

3.  Deed  from  M.  B.  McCanless  and  wife,  dated  March  5,  1907,  con- 
veying strip  of  land  for  right  of  way.     Recorded  in  liber  112,  page 
466  of  same  records. 

4.  Deed  from  the  same,  dated  November  28,  1907,  conveying  ease- 
ment for  slopes,  fills  and  drainage  ditch,  of  Government  roadway. 
Recorded  in  liber  116,  page  117  of  same  records. 

5.  Deed  from  the  same,  dated  March  10,  1909,  conveying  land  ad- 
joining Government  road,  for  the  construction  of  a  sidewalk.     Re- 
corded in  liber  119,  page  320  of  same  records. 

Jurisdiction  ceded  to  the  United  States  by  the  following  act  of  the 
State  Legislature  of  February  10,  1872 : 

"  SECTION  1.  The  General  Assembly  of  North  Carolina  do  enact, 
That  it  shall  be  lawful  for  the  government  of  the  United  States,  or 
any  person  under  authority  of  the  same,  to  purchase  a  tract,  piece,  or 
parcel  of  land  in  the  county  of  Rowan  and  State  of  North  Carolina, 
now  occupied  as  a  national  cemetery;  Provided,  Said  tract  or  parcel 
of  land  shall  not  exceed  ten  acres. 

"  SEC.  2.  That  all  deeds  conveyances  or  other  title  paper  for  the 
same  shall  be  recorded  as  in  other  cases  in  the  office  of  the  register  of 
deeds  in  which  the  lands  so  conveyed  may  lie,  in  the  same  manner 
and  under  the  same  regulations  as  other  deeds  and  conveyances  are 
now  recorded,  and  in  like  manner  may  be  recorded  a  sufficient  descrip- 
tion by  metes  and  bounds,  courses  and  distances,  of  any  tract  or  tracts 
or  legal  division  of  any  public  land  belonging  to  the  United  States, 
which  may  be  set  apart  by  the  general  government  for  the  purpose 
before  mentioned  by  an  order,  patent  or  other  official  document  or 
papers  so  describing  such  land. 

"  SEC.  3.  That  the  said  lot  or  parcel  of  land,  together  with  the  tene- 
ments and  appurtenances  for  the  purpose  before  [men]tioned,  shall 
be  exempt  from  taxation  by  the  State  of  North  Carolina. 

"  SEC.  4.  That  nothing  herein  contained  shall  be  so  construed  as  to 
bar  or  hinder  any  of  the  officers  of  this  State  from  executing  any 
process  or  levying  an  execution  within  the  limits  of  said  tract  or  par- 
cel of  land  so  held  and  purchased  by  the  government  of  the  United 
States,  in  the  same  manner  as  if  this  act  had  never  been  passed." 
(Ratified  February  10,  1872.) 

WILMINGTON   NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  5  acres,  and  is  situated  at  Wil- 
mington, in  New  Hanover  County.  The  title  is  as  follows : 

1.  Deed  from  Isaac  D.  Ryttenberg,  dated  February  20,  1867,  con- 
veying 5  acres  of  land.     Recorded  in  Book  C  C  C,  page  22,  etc.,  of  the 
deed  records  of  New  Hanover  County. 

2.  Deed  from  William  A.  Wright  and  wife,  dated  December  10, 
1877,  conveying  a  tract  therein  described.     Recorded  in  Book  N  N  N, 
page  804,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  the  following  act 
of  the  State  Legislature  of  January  22,  1875 : 

"  SECTION  1.  The  General  Assembly  of  North  Carolina  do  enact, 
That  it  shall  be  lawful  for  the  government  of  the  United  States,  or 
any  person  under  authority  of  the  same,  to  purchase  a  tract,  piece  or 
parcel  of  land  situated  near  the  eastern  boundary  of  the  city  of  Wil- 


NORTH   DAKOTA.  295 

mington,  Nortli  Carolina,  containing  five   (5)   acres,  and  adjoining 
the  lands  of  Benjamin  White  and  others,  now  occupied 

as  a  National  Cemetery ;  Provided,  Said  tract  or  parcel  of  land  shall 
not  exceed  ten  acres. 

"  SEC.  2.  That  all  deeds,  conveyances  or  other  like  papers  for  the 
same  shall  be  recorded  as  in  other  cases  in  the  office  of  register  of 
deeds  in  which  the  lands  so  conveyed  may  lie,  in  the  same  manner  and 
under  the  same  regulations  as  other  deeds  and  conveyances  are  now 
recorded,  and  in  like  manner  may  be  recorded  a  sufficient  description 
by  metes  and  bounds,  courses  and  distances  of  any  tract  or  tracts  or 
legal  divisions  of  any  public  land  belonging  to  the  United  States, 
which  may  be  set  apart  by  the  general  government  for  the  purpose 
before  mentioned  by  an  order,  patent  or  other  official  documents  or 
papers  so  describing  such  land. 

"  SEC.  3.  That  the  said  lot  or  parcel  of  land,  together  with  the  tene- 
ments and  appurtenances  for  the  purpose  before  mentioned,  shall  be 
exempt  from  taxation  by  the  State  of  North  Carolina. 

"  SEC.  4.  That  nothing  herein  contained  shall  be  so  construed  as  to 
bar  or  hinder  any  of  the  officers  of  this  State  from  executing  any 
process  or  levying  an  execution  within  the  limits  of  said  tract  or  par- 
cel of  land  so  held  and  purchased  by  the  government  of  the  United 
States,  in  the  same  manner  as  if  this  act  had  never  been  passed." 
(Eatified  January  22,  1875.) 

NORTH  DAKOTA. 

GENERAL   ACT   OF   CESSION. 

"Be  it  enacted  etc.,  Jurisdiction  is  hereby  ceded  to  the  United 
States  over  any  tract  of  land  that  may  hereafter  be  acquired  by  the 
United  States,  on  wliich  to  establish  a  military  post ;  Provided,  legal 
process,  civil  and  criminal,  of  this  State  shall  extend  over  such  reser- 
vation or  lands  acquired  by  the  United  States  to  establish  a  military 
post  in  all  cases  in  which  exclusive  jurisdiction  is  not  vested  in  the 
United  States,  or  of  crimes  not  committed  within  the  limits  of  such 
reservation." 

(Approved  March  19,  1895.  Revised  Codes  of  North  Dakota, 
1905,  sec.  4.) 

FORT   LINCOLN. 

This  reservation  contains  a  total  area  of  899.17  acres,  including  a 
target  range  of  144.27  acres,  and  is  situated  near  the  city  of  Bis- 
marck in  Burleigh  County.  The  title  is  as  follows: 

Certain  public  lands  reserved  from  sale  and  set  apart  for  military 
purposes  by  Executive  Orders,  dated  May  17,  1899,  as  amended  Aug. 
31,  1899,  June  8,  1901,  and  January  17,  1907. 

Also  the  following  conveyances: 

1.  Deed  from  Wm.  J.  Johnston  and  wife,  dated  February  15,  1898. 
conveying  35  acres.     Recorded  in  Book  78,  page  38,  of  the  record*  of 
Burleigh  County. 

2.  Deed  from  Richard  B.  Mellon  and  wife,  dated  June  18,  1898, 
conveying  53J  acres.    Recorded  in  Book  78,  page  70,  of  same  records. 


296  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

3.  Deed  from  Thomas  Mellon  and  wife,  dated  June  18,  1898,  con- 
veying 80  acres.    Eecorded  in  Book  78,  page  83,  of  same  records. 

4.  Deed  from  Richard  B.  Mellon  and  wife,  et  al.,  dated  June  18, 
1898,  conveying  480  acres.     Eecorded  in  Book  78,  page  69,  of  same 
records. 

5.  Deed  from  F.  M.  Kinter,  Trustee  etc.,  dated  January  23,  1899, 
conveying  25  acres.    Recorded  in  Book  79,  page  332,  of  same  records. 

6.  Deed  from  Wm.  J.  Johnston,  dated  February  8,  1899,  conveying 
35  acres.    Recorded  in  Book  51,  page  522,  of  same  records. 

The  following  deeds  convey  the  site  for  target  range: 

7.  Deed  from  John  Harcourt  and  wife,  dated  May  26,  1896,  con- 
veying 80  acres.    Recorded  in  Book  78,  page  36,  of  same  records. 

8.  Deed  from  William  J.  Johnston  and  wife,  dated  June  12,  1896, 
conveying  above  80  acres.     Recorded  in  Book  78,  page  37,  of  same 
records. 

9.  Deed  from  F.  M.  Kinter,  Trustee,  dated  March  2,  1898,  convey- 
ing 25  acres.    Recorded  in  Book  79,  page  139,  of  same  records. 

10.  Deed  from  Samuel  E.  Kilner,  et  al.,  Trustees  etc.,  dated  Janu- 
ary 31,  1899,  conveying  39.37  acres.    Recorded  in  Book  79,  page  364, 
etc.,  of  same  records. 

11.  Deed   from  Elizabeth  J.  Harcourt,  dated  February  3,   1899, 
conveying  80  acres   (same  tract  mentioned  in  Deed  No.  7  herein). 
Recorded  in  Book  — ,  page  523,  of  same  records. 

The  United  States  has  an  easement  in  the  lands  lying  along  a  line 
extending  from  the  southeast  corner  of  section  15,  in  a  southeasterly 
direction  through  section  23,  township  138  north,  range  80  west,  of 
the  5th  principal  meridian,  to  Apple  Creek,  and  thence  by  and  with 
that  creek  to  the  Missouri  River,  excepting  so  much  thereof  as  falls 
within  lots  11  and  13  of  section  34,  township  138  north,  range  80  west, 
of  the  5  principal  meridian ;  and  lots  2,  3  and  4  of  section  10,  town- 
ship 137  north,  range  80  west  of  the  5  principal  meridian,  to  which 
lots  the  United  States  has  title,  the  same  having  been  set  apart  for 
military  purposes  as  stated  above. 

The  following  deeds  convey  a  right  of  way  for  sewer : 

1.  Deed  from  Hattie  H.  Keeney,  et  al.,  dated  May  3,  1898.     Re- 
corded in  Book  79,  page  215,  of  the  records  of  Burleigh  County. 

2.  Deed  from  Chas.  H.  Beers,  dated  April  13,  1899.     Recorded  in 
Book  79,  page  383,  etc.,  of  same  records. 

3.  Deed  from  Fred.  P.  Hanson,  Trustee,  dated  April  13, 1899.     Re- 
corded in  Book  79,  page  387,  etc.,  of  same  records. 

The  following  deeds  convey  the  right  to  use  and  employ  Apple 
Creek  for  sewer  purposes: 

1.  Deed  from  Edwin  H.   Mc.Henry  and  Frank  G.   Bigelow,  as 
Receivers  of  the  N.  P.  R.  Co.,  dated  December  22,  1897.     Recorded 
in  Book  79,  page  141,  of  same  records. 

2.  Deed  from  Philias  P.  Gendreau,  dated  February  1,  1898.     Re- 
corded in  Book  79,  page  213,  of  same  records. 

3.  Deed  from  Henry  E.  Falconer,  dated  April  26,  1898.     Recorded 
in  Book  79,  page  217,  of  same  records. 

4.  Deed  from  Hattie  H.  Keeney,  et  al.,  dated  May  3,  1898.     Re- 
corded in  Book  79,  page  337,  etc.,  of  same  records. 

5.  Deed  from  Frank  W.  Hanitch,  dated  May  21,  1898.     Recorded 
in  Book  79,  page  219,  of  same  records. 


NOKTH  DAKOTA.  297 

6.  Deed  from  John  Yegen,  dated  June  10, 1898.     Recorded  in  Book 
79,  page  214,  of  same  records. 

7.  Deed  from  Millie  G.  Thompson  and  husband,  dated  June  16, 
1898.     Recorded  in  Book  79,  page  223,  of  same  records. 

8.  Deed  from  Charles  A.  Swenson,  dated  June  16,  1898.     Recorded 
in  Book  79,  page  211,  of  same  records. 

9.  Deed  from  Thomas  W.  Ashbridge,  dated  June  18,  1898.     Re- 
corded in  Book  79,  page  210,  of  same  records. 

10.  Deed  from  Edward  M.  Paxson,  dated  June  24, 1898.     Recorded 
in  Book  79,  page  220,  of  same  records. 

11.  Deed  from  Daniel  A.  Falconer,  dated  June  30,  1898.     Recorded 
in  Book  79,  page  221,  of  same  records. 

12.  Deed  from  Norman  Falconer,  dated  June  30,  1898.     Recorded 
in  Book  79,  page  222,  of  same  records. 

13.  Deed  from  Germain  Chabot,  dated  July  23,  1898.     Recorded 
in  book  79,  page  323,  of  same  records. 

14.  Deed  from  Robert  Cook,  dated  July  13,  1898.     Recorded  in 
Book  79,  page  225,  of  same  records. 

15.  Deed  from  John  R.  Wilson,  dated  January  24, 1899.     Recorded 
in  Book  79,  page  334,  of  same  records. 

16.  Deed  from  Millie  G.  Thompson  and  W.  H.  Thompson,  dated 
February  4,  1899.     Recorded  in  Book  79,  page  341,  etc.,  of  same 
records. 

17.  Deed  from  Chas.  H.  Beers,  dated  April  13,  1899.     Recorded  in 
Book  79,  page  381,  etc.,  of  same  records. 

18.  Deed  from  Fred.  P.  Hanson,  dated  April  13,  1899.     Recorded 
in  Book  79,  page  385,  etc.,  of  same  records. 

19.  Deed  from  Cleman  Clooten,  dated  April  15,  1898.     Recorded 
in  Book  79,  page  218,  of  same  records. 

20.  Deed  from  Thomas  Asbridge,  dated  April  15,  1899.     Recorded 
in  Book  79,  page  389,  of  same  records. 

21.  Deed  from  John  R.  Wilson,  dated  June  16,  1898.     Recorded  in 
Book  79,  page  212,  of  same  records. 

22.  Deed  from  Henry  H.  Bentley,  dated  August  17,  1899.     Re- 
corded in  Book  79,  page  480,  of  same  records. 

The  following  deeds  convey  an  easement  for  10-inch  water  main, 
for  supplying  water  to  the  military  post : 

1.  Deed,  dated  October  25,  1905,  from  Henry  Suttle.     Recorded  in 
book  85,  page  333,  of  Deed  Records  of  Burleigh  County. 

2.  Deed,  dated  January  31,  1906,  from  Harriet  L.  Smith,  et  al. 
Recorded  in  Book  10,  page  629,  of  same  records. 

3.  Deed,  dated  March  7,  1906,  from  Mart  B.  Koon.     Recorded  in 
Book  85,  page  332,  of  same  records. 

4.  Deed,  dated  June  8,   1906,  from  Fred  Strauss.     Recorded  in 
Book  84,  page  98,  of  same  records. 

5.  Deed,  dated  June  9,   1906,  from  Ellen  Freede.     Recorded  in 
Book  84,  page  97,  of  same  records. 

6.  Deed,  dated  June  9,  1906,  from  Elizabeth  M.  Suttle.     Recorded 
in  Book  85,  page  387,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  Licenses:  License,  June  9,  1902,  to  the  Northern  Pacific 
Railway  Company  to  construct  and  operate  a  spur  track  on  the  reser- 
vation. 


298  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

The  Bismarck  Telephone  and  Electric  Company  maintains  a  tele- 
phone line  connecting  the  post  with  the  city  of  Bismarck  by  author- 
ity of  the  Quartermaster  General,  dated  December  20,  1902. 

License,  September  13,  1907,  to  rector  of  St.  Mary's  Church,  Bis- 
marck, N.  D,,  to  connect  school  building  with  Govt.  water  main. 

OHIO. 

GENERAL  ACT  OF  CESSION. 

"  Be  it  enacted,  etc., 

"  SECTION  1.  That  the  consent  of  the  state  of  Ohio  is  hereby  given 
in  accordance  with  the  seventeenth  clause,  eighth  section,  of  the  first 
article  of  the  constitution  of  the  United  States,  to  the  acquisition  by 
the  United  States,  by  purchase,  condemnation,  or  otherwise,  of  any 
land  in  this  state  required  for  sites  for  custom  houses,  court  houses, 
post  offices,  arsenals,  or  other  public  buildings  whatever,  or  for  any 
other  purposes  of  the  government. 

"  SECTION  2.  That  exclusive  jurisdiction  in  and  over  any  land  so 
acquired  by  the  United  States  shall  be,  and  the  same  is  hereby,  ceded 
to  the  United  States,  for  all  purposes  except  the  service  upon  such 
sites  of  all  civil  and  criminal  process  of  the  courts  of  this  state ;  but 
the  jurisdiction  so  ceded  shall  continue  no  longer  than  the  said 
United  States  shall  own  such  lands. 

"  SECTION  3.  The  jurisdiction  ceded  shall  not  vest  until  the  United 
States  shall  have  acquired  the  title  to  the  said  lands  by  purchase, 
condemnation  or  otherwise;  and  so  long  as  the  said  lands  shall  re- 
main the  property  of  the  United  States  when  acquired  as  aforesaid, 
and  no  longer,  the  same  shall  be  and  continue  exempt  and  exonerated 
from  all  state,  county  and  municipal  taxation,  assessment  or  other 
charges  which  may  be  levied  or  imposed  under  the  authority  of  this 
state."  (Passed  May  6,  1902.  Laws  of  Ohio,  1902,  p.  368.) 

CAMP   CHASE    CEMETERY. 

This  reservation,  in  which  Confederate  dead  are  buried,  contains 
an  area  of  2^  acres,  and  is  situated  near  Columbus,  in  Franklin 
County.  The  purchase  was  made  under  authority  of  an  Act  of  Con- 
gress approved  February  25,  1879,  and  the  title  is  as  follows : 

Deed  from  William  J.  Marshall,  et  al.,  Executors,  etc.,  dated  April 
23,  1879,  conveying  2J  acres  of  land.  Recorded  in  Vol.  141,  page  528, 
etc.,  of  the  deed  records  of  Franklin  County. 

For  jurisdiction  see  General  Act  of  Cession. 

CEMETERY   LOT   NEAR    CINCINNATI. 

This  lot  contains  an  area  of  0.628  of  an  acre,  and  is  situated  near 
Cincinnati,  on  the  site  formerly  known  as  Camp  Dennison,  in  Ham- 
ilton County.  The  title  is  as  follows : 

Deed  from  Rebecca  E.  J.  Kugler,  dated  June  3,  1869,  conveying 
above  tract.  Recorded  in  Book  No.  428,  page  297,  of  the  deed  records 
of  Hamilton  County. 

For  jurisdiction  see  General  Act  of  Cession. 


OKLAHOMA.  299 

COLUMBUS   BARRACKS. 

This  reservation  contains  an  area  of  about  70  acres,  excluding  the 
lands  dedicated  for  street  purposes;  and  is  situated  within  the  cor- 
porate limits  of  the  city  of  Columbus,  in  Franklin  County.  See  G. 
O.,  No.  92,  W.  D.,  May  16,  1906,  for  metes  and  bounds.  The  title  is 
as  follows: 

Deed  from  Robert  Neil  and  wife,  dated  February  17,  1863,  convey- 
ing 77  acres  3  roods  and  8  perches  of  land.  Recorded  in  Vol.  76,  page 
572,  etc.,  of  the  deed  records  of  Franklin  County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  21,  1863,  which  reads  as  follows: 

"Whereas,  The  United  States  have  appropriated  money  for  the 
establishment  of  a  national  arsenal  at  Columbus,  in  the  County  of 
Franklin,  and  State  of  Ohio,  for  the  deposit  and  repair  of  arms  and 
other  munitions  of  war,  and  for  other  purposes  of  a  public,  nature : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  jurisdiction  of  the  lands  and 
their  appurtenances,  that  have  been  or  may  be  purchased  in  said 
County  of  Franklin  for  the  establishment  of  the  aforesaid  arsenal, 
be  and  is  hereby  ceded  to  the  United  States  of  America:  Provided, 
however,  That  all  civil  and  criminal  process  issued  under  the  author- 
ity of  the  State  of  Ohio,  or  any  officer  thereof,  may  be  executed  on 
said  lands  and  in  the  buildings  that  may  be  erected  thereon,  in  the 
same  way  and  manner  as  if  jurisdiction  had  not  been  ceded  as  afore- 
said. 

"  SEC.  2.  That  the  lands  above  described,  with  their  appurtenances 
and  all  buildings  and  other  property  that  may  be  thereon,  shall  for- 
ever hereafter  be  exempted  from  all  state,  county  and  municipal  taxa- 
tion and  assessment  whatever,  so  long  as  the  same  shall  remain  the 
property  of  the  United  States  of  America." 

See  also  General  Act  of  Cession. 

Deed,  June  4,  1903,  dedicating  to  the  City  of  Columbus  the  por- 
tions of  the  reservation  comprised  in  the  streets  and  highways  border- 
ing thereon,  pursuant  to  Joint  Resolution  of  Congress,  approved  Feb- 
ruary 10,  1903. 

WOODLAND  CEMETERY. 

This  reservation  comprises  two  lots  in  the  City  Cemetery  situated 
at  Cleveland.  The  title  is  as  follows  : 

Certificate  of  Purchase  from  the  City  of  Cleveland,  dated  Septem- 
ber 25,  1868,  conveying  Lots  59  and  60,  in  Section  10,  in  Woodland 
Cemetery.  Certificate  numbered  1262,  signed  by  C.  E.  Hill,  City 
Clerk,  and  recorded  in  his  office  at  said  City  of  Cleveland. 

For  jurisdiction  see  General  Act  of  Cession. 

OKLAHOMA. 

FORT  GIBSON  NATIONAL  CEMETERY. 

This  cemetery  was  a  part  of  what  was  called  the  Fort  Gibson  Res- 
ervation. The  original  reservation  contained  5,541  acres  and  was 
embraced  within  the  lands  of  the  Cherokee  Nation,  situated  on  the 
east  bank  of  the  Neosho  River,  ceded  by  Treaties  dated  February 


300  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

14,  1833,  December  29,  1835,  and  July  19,  18GG.  It  was  declared  a 
military  reservation  by  Executive  Order  dated  January  25,  1870. 
Reservation  abandoned  and  turned  over  to  the  Department  of  the 
Interior,  excepting  a  piece  of  ground  600  feet  in  length  by  500  feet 
in  width  on  the  Southwest  Corner  of  reservation  reserved,  it  being 
the  site  of  the  above-named  cemetery,  by  Executive  Order  dated  Feb- 
ruary 7,  1891,  issued  under  the  provisions  of  the  Act  of  Congress 
approved  July  5,  1884,  providing  for  the  transfer  of  reservations  to 
the  Department  of  the  Interior  when  no  longer  needed  for  military 
purposes. 

MILITIA   TARGET  RANGE. 

This  range  is  situated  in  Lincoln  County,  and  comprises  the  south 
half  of  the  south  half  of  the  northeast  quarter  of  section  eight,  town- 
ship fourteen  north,  range  four  east,  containing  40  acres.  The  title 
is  as  follows: 

Deed  from  Neal  Brown,  et  ux.,  dated  March  10,  1909,  conveying 
entire  tract.  Recorded  in  Book  33,  page  337,  Office  of  Register  of 
Deeds,  Lincoln  County. 

FORT  RENO. 

This  reservation  contains  an  area  of  9,493  acres,  and  is  situated  on 
the  North  Fork  of  the  Canadian  River,  in  Canadian  County.  The 
title  is  as  follows: 

Set  apart  from  the  public  domain  by  being  included  within  the 
limits  of  the  Cheyenne  and  Arapahoe  Indian  Reservation,  by  Execu- 
tive Order  dated  August  10,  1869.  It  was  proclaimed  a  military 
reservation  by  Executive  Order  dated  July  17,  1883. 

Easement:'  Right  of  way  to  C.  R.  I.  and  P.  R.  R.  Co.,  granted  by 
Act  of  January  31,  1900  (G.  O.  No.  13,  A.  G.  O.,  1900). 

Revocable  Licenses:  Licenses  January  9,  1891,  May  28,  1897,  Janu- 
ary 10,  1898,  and  March  8,  1898,  to  the  Choctaw,  Oklahoma  and  Gulf 
R.  R.  Co.  (formerly  Choctaw  Coal  and  R.  R.  Co.)  covering  exten- 
sion and  operation  of  its  railway  on  and  through  the  reservation. 

License,  October  11,  1894,  to  William  Sigismond,  jr.,  to  erect,  at 
his  own  expense,  a  small  frame  building  for  use  as  a  post  office. 

License,  March  9,  1896,  to  Charles  H.  Todd  to  keep  a  small  livery 
stable. 

License,  March  9,  1896,  to  Maggy  Hawkins,  laundress,  to  reside 
upon  the  reservation. 

License,  March  18,  1897,  to  George  Washington  Lodge  No.  13, 
Knights  of  Pythias,  to  erect  a  lodge  building. 

License,  September  23,  1897,  to  Missouri,  Kansas  and  Texas  Tele- 
phone Co.  for  telephone  line. 

License,  August  19,  1903,  to  Topeka  and  El  Reno  Telephone  Co. 
for  telephone  line. 

License,  December  5,  1907,  to  State  of  Oklahoma  for  use  of  rifle 
range. 

FORT  SILL. 

This  reservation  contains  an  area  of  about  51,292.82  acres,  with 
boundaries,  except  as  to  tract  reserved  August  29,  1907,  infra,  as  an- 
nounced in  G.  O.  No.  87,  War  Department,  May  8,  1906.  It  is  situ- 


OKLAHOMA.  301 

ated  on  Medicine  Bluff  Creek  in  Comanche  County,  on  the  line  of 
the  Chicago,  Rock  Island  and  Pacific  Railroad,  about  six  miles  north 
of  Lawton.  Reserved  from  the  public  domain  originally  as  an  In- 
dian Reservation  for  the  benefit  of  the  Wichita,  Kiowa,  Comanche, 
and  Apache  Indians,  a  tract  of  23,040  acres  was,  by  Executive  Order 
of  October  7,  1871,  set  apart  as  a  military  reservation.  By  Executive 
Orders  of  February  26, 1897  (G.  Q.  No.  14,  A.  G.  O.,  March  15, 1897), 
September  20,  1901  (G.  O.  No.  128,  A.  G.  O.,  September  27,  1901), 
and  August  29,  1907  (G.  O.  No.  189,  W.  D.,  September  11,  1907),  the 
reservation  was  enlarged  by  the  addition  of  26,987.30  acres,  893.07 
acres,  and  372.45  acres,  respectively. 

Easement:  Act  of  Congress,  approved  January  31,  1900,  author- 
ized the  Chicago,  Rock  Island  and  Pacific  Railway  Company  to  con- 
struct a  railway  line  through  the  reservation.  Location  of  right  of 
way  approved  by  the  Secretary  of  War,  August  13,  1900. 

Act  of  Congress  approved  February  10,  1903  (32  Stat.  L.,  821), 
grants  right  of  way  across  this  reservation  to  the  Oklahoma  City  and 
Western  Railroad  Company,  "  upon  such  line  as  may  be  determined 
and  approved  by  the  Secretary  of  War."  The  railroad  was  located 
and  built  under  license  of  May  14,  1902. 

Revocable  Licenses:  License,  September  15,  1890,  to  the  Western 
Mail  and  Stage  Company  to  construct  a  stable  in  connection  with 
carrying  on  the  mail  service. 

License,  October  6,  1890,  to  Messrs.  Rice  and  Quinette  to  conduct 
a  dairy  business  upon  the  reservation. 

License,  August  5,  1898,  to  J.  J.  Bailey,  mail  contractor,  to  erect  a 
building  on  the  reservation. 

License,  June  30, 1902,  to  Sam  Lee  to  erect  a  laundry  building  upon 
the  reservation. 

License,  February  18,  1904,  to  the  Lawton,  Wichita  Mountain  and 
Western  Electric  Railway  Company  to  construct,  operate  and  main- 
tain an  electric  railway  line  on  the  reservation. 

License,  July  19,  1906,  to  The  Apache  Mission  Telephone  Co.  for 
telephone  line. 

License,  May  29, 1907,  to  the  Pioneer  Telephone  and  Telegraph  Co. 
for  telephone  line. 

License,  October  4,  1907,  to  the  city  of  Lawton,  Oklahoma,  for 
water  supply  pipe  line  across  reservation. 

License,  January  20,  1908,  to  the  Wichita  Mountain  and  Oriental 
Railway  Co.  for  railway  line  through  reservation. 

FORT  SILL  WATER-SUPPLY  RESERVE. 

This  reservation,  containing  an  area  of  about  16,420  acres,  is  situ- 
ated within  the  National  Forest  Reserve  made  by  Executive  Order 
of  July  4,  1901,  and  enlarged  May  29,  1906,  and  partly  within  the 
Game  Preserve  made  by  Executive  Order  of  June  2,  1905;  and  was 
reserved  by  Executive  Order  of  December  15,  1909  (G.  O.  251,  W.  D., 
December  24,  1909).  As  to  so  much  of  the  lands  as  is  comprised 
within  the  Game  Preserve,  the  reservation  for  a  Game  Preserve  is 
the  dominant  one;  but  the  use  of  the  lands  for  forest  purposes  is 
subordinate  to  their  use  'for  the  conservation  of  water  for  the  Fort 
Sill  Military  Reservation. 


302  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

OREGON. 

MILITIA    TARGET    RANGE. 

This  range  is  situated  near  Roseburg,  in  Douglas  County,  and  com- 
prises an  area  of  34.18  acres.  The  title  is  as  follows : 

Deed  from  A.  Cresson,  et  ux.,  dated  June  6,  1907,  conveying  above 
tract.  Recorded  in  Vol.  60,  page  528,  of  the  Deed  Records  of  Douglas 
County. 

SAND    ISLAND. 

This  reservation  contains  an  area  of  192.07  acres,  according  to  a 
survey  made  prior  to  1877.  It  is  a  shifting  island,  comprising  parts 
of  Sections  14,  23  and  24,  in  Township  9  North,  Range  11  West,  of 
Willamette  Meridian,  lying  in  or  near  the  entrance  to  the  Columbia 
River.  Taken  from  the  public  domain  and  declared  a  military  reser- 
vation by  Executive  Order  dated  August  29,  1863. 

Jurisdiction  was  ceded  to  the  United  States  (as  also  title)  by  an  act 
of  the  State  Legislature  approved  October  21,  1864,  which  provides 
as  follows : 

"  SECTION  1.  There  is  hereby  granted  to  the  United  States  all  right 
and  interest  of  the  State  of  Oregon  in  and  to  the  land  in  front  of  Fort 
Stevens  and  Point  Adams,  situate  in  this  State,  and  subject  to  over- 
flow between  high  and  low  tide,  and  also  the  Sand  Island,  situate  at 
the  mouth  of  Columbia  River,  in  this  State,  the  said  island  being 
subject  to  overflow  between  high  and  low  tide. 

"  SEC.  2.  The  Governor  of  this  State  shall  cause  two  copies  of  this 
Act  to  be  prepared  and  certified  under  the  seal  of  this  State,  and  for- 
ward one  of  such  copies  to  the  Secretary  of  War  of  the  United  States, 
•and  the  other  of  such  copies  to  the  commanding  officer  of  this  district 
of  the  military  department  of  the  Pacific  Coast." 

Revocable  License :  License  March  25,  1893,  to  the  Columbia  River 
Protective  Union  to  exhibit  three  range  lights  on  the  island. 

Leases  to  John  Service,  Chris  Hanson,  and  the  Columbia  River 
Packers'  Association,  dated  April  15, 16  and  May  1,  1908,  respectively, 
for  the  use  of  portions  of  the  reservation  for  fishing  purposes. 

FORT  STEVENS    (POINT  ADAMS ). 

This  reservation  contains  an  area,  exclusive  of  accretions,  of  924.84 
acres,  and,  as  a  part  of  the  public  domain,  was  reserved  for  military 
purposes  by  Executive  Order,  dated  February  26,  1852,  and  included 
within  its  boundaries  fractional  sections  5  and  6  and  N.  -J  of  sections 
7,  8  and  9,  in  Townships  8  and  10  North,  Range  10  West,  Willamette 
Meridian.  Point  Adams  is  at  the  mouth  of  the  Columbia  River,  in 
Clatsop  County,  7  miles  from  Astoria  and  105  miles  from  Portland. 
It  is  the  site  of  Fort  Stevens.  Further  evidences  of  title  are : 

1.  Deed  from  Cyrus  Olney  and  wife,  dated  August  10,  1863,  con- 
veying River  Lot  5  in  Section  5,  and  NE.  J  of  SE.  ^  and  River  Lots 
1  and  2  of  Section  6,  in  Township  8  North,  Range  10  West,  containing 
156.87  acres. 

2.  Deed  from  Cyrus  Olney,  dated  February  28,  1870,  conveying 
same  premises. 


PENNSYLVANIA.  303 

3.  Decree  of  United  States  District  Court  May,  1898,  establishing 
boundaries  between  reservation  and  property  of  V.  C.  Kindred,  over 
lands  added  by  accretion. 

4.  Decree  of  condemnation  in  the  United  States  District  Court 
January  15,  1905,  covering  133.20  acres,  the  property  of  Susan  A. 
Hill,  Alexander  Gilbert  and  Sarah  L.  Bird.    Decree  filed. 

5.  Order  of  county  court  of  Clatsop  County,  September  2,  1908, 
vacating  streets  and  alleys  with  premises  acquired  by  above  decree  of 
January  15,  1905. 

For  jurisdiction  and  title  to  tide  lands,  see  Sand  Island. 

Revocable  Licenses:  License,  October  7,  1873,  to  the  Treasury  De- 
partment to  build  a  road  through  the  reservation. 

License,  March  4,  1874,  to  the  Treasury  Department  to  occupy  a 
portion  of  the  reservation  for  a  light  station  and  to  cut  timber  for 
a  corduroy  road. 

License,  February  8,  1877,  to  the  Treasury  Department  to  occupy 
and  enclose  a  tract  of  40  acres  for  light-house  purposes. 

License,  February  26,  1891,  to  the  Treasury  Department  to  con- 
struct a  look-out  tower,  a  telephone  line  to  the  life-saving  station  and 
to  build  covered  davits  or  cranes  on  the  wharf  and  to  permit  surfmen 
to  have  free  access  to  the  reservation  when  on  duty. 

License,  March  12,  1906,  to  Say  Toi,  to  establish  and  operate  a 
laundry. 

License,  February  7,  1907,  to  the  Pacific  States  Telephone  and 
Telegraph  Company,  for  telephone  line. 

PENNSYLVANIA. 

GENERAL    ACT   OF    CESSION. 

"  The  jurisdiction  of  this  state  is  hereby  ceded  to  the  United  States 
of  America,  over  all  such  pieces  or  parcels  of  land  not  exceeding  two 
acres  in  any  one  township,  ward  of  city  or  borough,  within  the  limits 
of  this  state,  as  have  been  or  shall  hereafter  be  selected  and  acquired 
by  the  United  States  for  the  purpose  of  erecting  post  offices,  custom 
houses  or  other  structures,  exclusively  owned  by  the  general  govern- 
ment and  used  for  its  purposes :  Provided,  That  an  accurate  descrip- 
tion and  plan  of  such  lands  so  acquired,  verified  by  the  oath  of  some 
officer  of  the  general  government  having  knowledge  of  the  facts,  shall 
be  filed  with  the  secretary  of  the  commonwealth  of  this  state,  as  soon 
as  said  United  States  shall  have  acquired  possession  of  the  same :  And 
provided  further,  that  this  cession  is  upon  the  express  condition  that 
the  State  of  Pennsylvania  shall  so  far  retain  concurrent  jurisdiction 
with  the  United  States  in  and  over  all  lands  acquired  or  hereafter 
acquired  as  aforesaid;  that  all  civil  and  criminal  process  issued  by 
any  court  of  competent  jurisdiction,  or  officers  having  authority  of 
law  to  issue  such  process,  and  all  orders  made  by  such  court  or  judi- 
cial officers  duly  empowered  to  make  such  orders,  and  necessary  to  be 
served  on  any  person,  may  be  executed  upon  said  land  and  in  the 
buildings  that  may  be  erected  thereon,  in  the  same  way  and  manner 
as  if  jurisdiction  had  not  been  ceded  as  aforesaid." 

(Approved  June  13,  1883.)  Amended  by  Act  approved  March  17, 
1905,  so  as  to  make  the  limit  "  not  exceeding  ten  acres  in  any  one 
township,"  etc.  (Laws  of  Pennsylvania,  1905,  page  45.) 


304  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

ALLEGHENY  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  contains  an  area  of  10,272.12  superficial  feet  of 
land,  and  is  known  as  Lot  No.  66  in  The  Allegheny  Cemetery,  in  the 
City  of  Pittsburg,  in  Allegheny  County.  The  title  is  as  follows: 

Deed  from  The  Allegheny  Cemetery  (a  corporation),  dated  March 
18,  1875,  conveying  above  lot.  Recorded  December  17,  1875,  in  Deed 
Book,  Vol.  354,  page  39,  of  the  deed  records  of  Allegheny  County. 

For  jurisdiction  see  General  Act  of  Cession. 

ASHLAND  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  contains  7,740  square  feet  of  ground,  and  is  situ- 
ated in  "Ashland  Cemetery,"  in  the  Borough  of  Carlisle  and  County 
of  Cumberland.  The  title  is  as  follows: 

Deed  from  Valeria  M.  Penrose,  Trustee,  etc.,  dated  September  19, 
1878,  conveying  Lots  212  to  265,  inclusive,  in  Section  D  of  D.  S. 
Ettinger's  plan  No.  3  of  Ashland  Cemetery,  containing  540  by  16  feet. 

Deed  given  as  a  substitute  for  a  deed  dated  in  March,  1866,  which 
was  lost. 

For  jurisdiction  see  General  Act  of  Cession. 

CARLISLE  BARRACKS. 

This  reservation  contains  an  area  of  about  30  acres  and  8  perches 
of  land,  and  is  situated  near  the  town  of  Carlisle,  in  the  County  of 
Cumberland.  Purchase  of  site  made  by  authority  of  an  Act  of  Con- 
gress passed  in  1794,  and  transferred  to  the  Interior  Department  to 
be  used  as  a  school  for  Indian  children  until  required  by  the  War 
Department  for  military  purposes,  December  22,  1879.  The  title  is 
as  follows: 

Deed  from  Edmund  Physic,  Attorney  in  fact  for  John  Penn  and 
Richard  Penn,  dated  January  13,  1801,  conveying  above-described 
tract.  Recorded  in  Book  O,  Vol.  1,  page  79,  etc.,  of  the  deed  records 
of  Cumberland  County  at  Carlisle. 

Jurisdiction  was  ceded  by  the  State  of  Pennsylvania  over  addi- 
tional land  secured  by  the  Interior  Department  for  Agricultural 
Purposes,  by  an  act  passed  February  15,  1901. 

Revocable  Licenses:  License,  August  2,  1884,  to  the  Cumberland 
Valley  Railroad  Company  by  Secretary  of  Interior,  to  lay  switch  on 
reservation. 

License,  March  10,  1908,  to  Borough  of  Carlisle  for  outfall  sewer. 

CHINA,  OR  WHITE  HALL,  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  contains  an  area  of  1  acre,  and  is  situated  on  the 
northwesterly  side  of  the  China  Hall  Public  Road,  near  Bristol,  in 


PENNSYLVANIA.  305 

the  Township  of  Bristol  and  County  of  Bucks.  The  title  is  as 
follows  : 

Deed  from  George  Randall  and  wife,  dated  August  30,  1864, 
conveying  1  acre.  Recorded  in  Deed  Book  No.  125,  page  176J,  etc., 
of  the  deed  records  of  Bucks  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FRANKFORD  ARSENAL. 

This  reservation  contains  an  area  of  about  62  acres  and  38  perches 
of  land,  and  is  situated  in  the  City  of  Philadelphia.  The  title  is  as 
follows : 

1.  Deed   from  Frederick  Fraley  and  wife,  dated  May  27,  1816, 
conveying  20  acres  and  34  perches  of  land,  with  bridge  privileges. 
Recorded  in  Deed  Book  M  R,  No.  7,  page  717,  etc.,  of  the  deed 
records  of  Philadelphia  County. 

2.  Deed  from  Robert  Kennedy,  dated  April  8,  1837,  conveying  3 
acres  and  6  perches  of  land.     Recorded  in  Book  S  H  F,  No.  11,  page 
721,  etc.,  of  same  records. 

3.  Deed  from  William  S.  Haines  and  wife,  dated  December  27, 
1849,  conveying  in  the  aggregate  38  acres  and  158  perches  of  land. 
Recorded  in  Book  G  W  C,  No.  31,  page  515,  etc.,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  Acts  of  the  State 
Legislature  approved  June  13,  1840,  and  April  6,  1849,  which  provide 
as  follows: 

"  SEC.  3.  That  the  jurisdiction  of  the  State  of  Pennsylvania  is 
hereby  ceded  to  the  United  States  of  America  for  the  purpose  of 
erecting  and  maintaining  thereon  Arsenals,  Magazines,  and  other 
necessary  buildings  over  all  those  certain  tracts,  pieces,  or  parcels  of 
land  lying  and  being  in  the  town  of  Oxford  and  in  the  township  of 
Passyunk  in  the  County  of  Philadelphia,  *  *  *  being  bounded 
as  follows,  to  wit :  [Here  describes  the  lands  purchased  by  the  United 
States  from  Frederick  Fraley  and  Robert  Kennedy.]  The  evidence 
of  the  several  purchases  of  the  land  which  is  hereby  ceded  being 
recorded  in  the  Office  of  the  Clerk  of  the  County  of  Philadelphia. 

"  SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  of  America 
is  granted  upon  the  express  condition  that  the  said  State  of  Pennsyl- 
vania shall  retain  a  concurrent  jurisdiction  with  the  United  States 
in  and  over  the  tracts  of  land  aforesaid  so  far  as  that  civil  process  in 
all  cases  and  such  criminal  process  as  may  issue  under  the  authority 
of  the  State  of  Pennsylvania  against  any  person  or  persons  charged 
with  the  crimes  committed  without  the  said  tracts  of  land  may  be 
executed  thereon  in  the  same  way  and  manner  as  if  this  jurisdiction 
had  not  been  ceded.  The  United  States  are  to  retain  such  jurisdic- 
tion so  long  as  said  tract  of  land  shall  be  used  for  the  purposes 
expressed  in  the  foregoing  section  and  no  longer."  (Act  approved 
June  13,  1840.) 

"  1.  Resolved,  etc.,  That  the  consent  of  this  Legislature  be,  and 
the  same  is  hereby,  given  for  the  purchase  by  the  United  States  of 
any  lands  not  exceeding  forty  acres  adjoining  the  United  States 
Arsenal  at  Frankford,  in  the  County  of  Philadelphia,  for  the  enlarge- 
ment of  said  Arsenal  and  the  erection  of  further  buildings  and 

16809—10 20 


306  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

machinery  for  such  uses  as  the  proper  authorities  of  the  United  States 
may  deem  proper,  and  that  all  the  right,  title,  property,  and  interest 
of  this  Commonwealth  in  and  to  the  said  land  adjoining  the  United 
States  Arsenal  as  aforesaid,  together  with  all  the  buildings,  improve- 
ments, houses,  forts,  arsenals  and  other  needful  buildings  now  on  or 
to  be  put  on  said  property  shall  be  and  are  hereby  ceded  to  and  vested 
in  the  United  States  of  America  as  fully,  absolutely,  and  to  the  same 
extent  as  this  Commonwealth  now  holds  and  is  entitled  to  the  same : 
Provided,  That  the  Commonwealth  may  reoccupy  and  repossess  the 
same  as  they  have  occupied  and  possessed  the  same  heretofore  when- 
ever the  United  States  of  America  shall  cease  to  occupy  the  same  for 
military  purposes  as  a  fort,  magazine,  arsenal,  or  with  other  needful 
buildings  for  the  same:  And  provided,  That  the  jurisdiction  over  the 
said  premises  in  civil  and  criminal  cases  be  the  same  as  before  the 
passing  of  this  resolution."  (Act  approved  April  6,  1849.) 

Revocable  Licenses:  License,  November  12,  1886,  to  the  Kensing- 
ton and  Tacony  Railroad  Company  to  cross  the  reservation. 

License,  October  2,  1889,  to  the  Pennsylvania  Company  to  con- 
struct a  branch  upon  the  reservation. 

GETTYSBURG    NATIONAL   PARK. 

This  reservation  contains  an  approximate  area,  at  this  date  (Janu- 
ary 1,  1910),  of  2,054  acres.  It  embraces  the  most  prominent  portions 
of  the  lands  upon  which  the  battle  of  Gettysburg  was  fought  on  July 
1,  2  and  3,  1863,  and  is  situated  near  the  town  of  Gettysburg,  in 
Adams  County.  Steps  were  taken  to  preserve  the  site  and  mark  with 
suitable  monuments  the  positions  occupied  by  the  Union  troops  dur- 
ing the  battle,  by  Acts  and  Resolutions  of  Congress,  as  follows : 

Acts  approved  March  3,  1873;  June  9,  1880;  March  3,  1887;  August 
1,  1888 ;  October  2,  1888 ;  March  2,  1889 ;  March  3,  1893.  Resolution 
passed  June  5,  1894.  Acts  approved  August  18,  1894;  February  11, 
1895,  and  June  10,  1896,  the  Act  of  February  11,  1895,  being  "An  Act 
to  establish  a  National  Military  Park  at  Gettysburg,  Pennsylvania." 

The  title  to  lands  so  far  acquired  is  as  follows : 

1.  Deed  from  The  Gettysburg  Battlefield  Memorial  Association, 
dated  February  4,  1896,  conveying  124  tracts  of  land,  aggregating 
521.77  acres.     Recorded  in  Book  X  X,  page  149,  etc.,  of  the  deed 
records  of  Adams  County. 

2.  Deed  from  Heirs  of  Mary  Jane  Weikert,  dated  August  8,  1893, 
conveying  41,920  square  feet  of  land.    Recorded  in  Book  T  T,  page 
379,  etc.,  of  same  records. 

3.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  Book 
T  T,  page  420,  etc.,  of  same  records. 

4.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  Book 
T  T,  page  402,  etc.,  of  same  records. 

5.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.    Recorded  in  Book 
T  T,  page  416,  etc.,  of  same  records. 

6.  Deed  from  David  Zentz  and  wife,  dated  July  14,  1893,  convey- 
ing 33,495  square  feet  of  land.    Recorded  in  Book  T  T,  page  383,  etc., 
of  same  records. 


PENNSYLVANIA.  307 

7.  Deed  from  John  A.  Wolfe  and  wife,  dated  July  14,  1893,  con- 
veying 24,618  square  feet  of  land.    Recorded  in  Book  T  T,  page  393, 
etc.,  of  same  records. 

8.  Deed  from  William  H.  Heagey  and  wife,  dated  July  14,  1893, 
conveying  12,065  square  feet  of  land.     Recorded  in  Book  T  T,  page 
390,  etc.,  of  same  records. 

9.  Deed  from  William  H.  Heagey  and  wife,  dated  July  14,  1893, 
conveying  3.55  acres.     Recorded  in  Book  T  T,  page  391,  etc.,  of  same 
records. 

10.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,   1893,  conveying  53,060  square  feet  of  land.     Recorded  in 
Book  T  T,  page  404,  etc.,  of  same  records. 

11.  Deed  from  Jacob  Masonheimer,  dated  June  27,  1893,  conveying 
25,800  square  feet  of  land.     Recorded  in  Book  T  T,  page  385,  etc., 
of  same  records. 

12.  Deed  from  Isaiah  A.  Trostle,  Attorney  in  fact,  etc.,  dated  June 
27,  1893,  conveying  88,625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  426,  etc.,  of  same  records. 

13.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
July  12,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  400,  etc.,  of  same  records. 

14.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  412,  etc.,  of  same  records. 

15.  Deed  from  Widow  and  Heirs  of  John  Bender,  dated  July  10, 
1893,  conveying  851  square  feet  of  land.     Recorded  in  Book  T  T, 
page  424,  etc.,  of  same  records. 

16.  Deed  from  Samuel  M.  Bushman,  dated  June  7,  1893,  conveying 
12,000  square  feet  of  land.     Recorded  in  Book  T  T,  page  399,  etc.,  of 
same  records. 

17.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  414,  etc.,  of  same  records. 

18.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  406,  etc.,  of  same  records. 

19.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  408,  etc.,  of  same  records. 

20.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  410,  etc.,  of  same  records. 

21.  Deed  from  Gettysburg  Battlefield  Memorial  Association,  dated 
June  7,  1893,  conveying  625  square  feet  of  land.     Recorded  in  Book 
T  T,  page  418,  etc.,  of  same  records. 

22.  Deed  from  John  H.  Miller  and  wife,  dated  June  2,  1893,  con- 
veying 16,860  square  feet  of  land.     Recorded  in  Book  T  T,  page  422, 
etc.,  of  same  records. 

.23.  Deed  from  Anna  L.  Young  and  husband,  dated  June  7,  1893, 
conveying  625  square  feet  of  land.  Recorded  in  Book  T  T,  page  397, 
etc.,  of  same  records. 

24.  Deed  from  George  Spangler  and  wife,  dated  June  8,  1893, 
conveying  625  square  feet  of  land.  Recorded  in  Book  T  T,  page 
395,  etc.,  of  same  records, 


308 

25.  Deed  from  J.  Emory  Bair  and  wife,  dated  June  27,  1893,  con- 
veying 625  square  feet  of  land.     Recorded  in  Book  T  T,  page  381, 
etc.,  of  same  records. 

26.  Deed  from  Wellington  J.  Swope  and  wife,  dated  June  28,  1893, 
conveying  57,230  square  feet  of  land.     Recorded  in  Book  T  T,  page 
388,  etc.,  of  same  records. 

27.  Deed  from  Melchoir  Wolf  and  wife,  dated  June  28,  1893,  con- 
veying 10,300  square  feet  of  land.     Recorded  in  Book  T  T,  page  386, 
etc.,  of  same  records. 

28.  Deed  from  Charles  F.  Starner  and  Avife,  dated  November  23, 

1893,  conveying  5.16  acres  of  land.     Recorded  in  Book  U  U,  page 
148,  of  same  records. 

29.  Deed  from  James  A.  Felix  and  wife,  dated  November  24,  1893, 
conveying  0.75  acre  of  land.     Recorded  in  Book  U  U,  page  150,  etc., 
of  same  records. 

30.  Deed  from  Agnew  Crawford,  et  al.,  dated  February  5,  1894, 
conveying  46  acres  and  147  perches  of  land.     Recorded  in  Book  U  U, 
page  449,  etc.,  of  same  records. 

31.  Deed  from  W.  Nelson  Flaherty  and  wife,  dated  November  13, 

1894,  conveying  0.55  acre  of  land.     Recorded  in  Book  V  V,  page  70, 
etc.,  of  same  records. 

32.  Deed  from  Simon  J.  Codori  and  wife,  dated  November  13, 
1894,  conveying  0.61  acre  of  land.     Recorded  in  Book  V  V,  page  72, 
etc.,  of  same  records. 

33.  Deed  from  George  W.  Wolf  and  wife,  dated  November  15, 
1894,  conveying  0.06  acre  of  land.     Recorded  in  Book  V  V,  page  74, 
etc.,  of  same  records. 

34.  Deed  from  George  J.  Benner,  dated  April  2,  1894,  conveying 
161  acres  and  7  perches  of  land,  with  reservations.     Recorded  in 
Book  U  U,  page  339,  etc.,  of  same  records. 

35.  Deed  from  Sarah  A.  C.  Plank  and  husband,  dated  August  28, 

1894,  conveying  1.88  acres  of  land.     Recorded  in  Book  U  U,  page 
541,  etc.,  of  same  records. 

36.  Deed  from  J.  O.  Blocker  and  wife,  dated  September  29,  1894, 
conveying  7.12  acres  of  land.     Recorded  in  Book  U  U,  page  579,  etc., 
of  same  records. 

37.  Deed  from  L.  E.  Kumerant  and  wife,  et  al.,  dated  March  30, 

1895,  conveying  0.71  acre  of  land.     Recorded  in  Book  V  V,  page  347, 
etc.,  of  same  records. 

38.  Deed  from  Maria  S.  Shultz,  dated  April  11,  1895,  conveying 
0.04  acre  of  land.     Recorded  in  Book  V  V,  page  474,  etc.,  of  same 
records. 

39.  Deed 'from  John  B.  McPherson,  dated  April  30,  1895,  convey- 
ing 58  acres  and  29  perches  of  land.     Recorded  in  Book  V  V,  page 
477,  etc.,  of  same  records. 

40.  Deed  from  Oscar  D.  McMillan  and  wife,  dated  June  15,  1895, 
conveying  1.7  acres  of  land.     Recorded  in  Book  V  V,  page  570,  etc., 
of  same  records. 

41.  Deed  from  Calvin  Gilbert  and  wife,  dated  July  2,  1895,  con- 
veying 632  square  feet  of  land.     Recorded  in  Book  V  V,  page  564, 
etc.,  of  same  records. 

42.  Deed  from  The  Theological  Seminary  of  the  General  Synod  of 
the  Evangelical  Lutheran  Church  in  the  United  States,  dated  July 


PENNSYLVANIA.  309 

18,  1895,  conveying  1.68  acres  of  land.     Recorded  in  Book  V  V,  page 
562,  etc.,  of  same  records. 

43.  Deed  from  Selma  J.  Drum  and  husband,  dated  August  13, 

1895,  conveying  0.1  acre  of  land.     Recorded  in  Book  W  W,  page  193, 
etc.,  of  same  record. 

44.  Deed  from  James  A.  Felix  and  wife,  dated  September  2,  1895, 
conveying  0.048  acre  of  land.     Recorded  in  Book  V  V,  page  560, 
etc.,  of  same  records. 

45.  Deed  from  Lucinda  B.  Bushman  and  husband,  dated  Septem- 
ber 13,  1895,  conveying  9.42  acres  of  land.     Recorded  in  Book  W  W, 
page  167,  etc.,  of  same  records. 

46.  Deed  from  J.  Emory  Bair  and  wife,  dated  October  10,  1895, 
conveying  0.11  acre  of  land.     Recorded  in  Book  W  W,  vol.  39,  page 
169,  etc.,  of  same  records. 

47.  Deed   from  John  B.  Whitney,  et  al.,  Executors,  etc.,  dated 
November  7,  1895,  conveying  1,900  square  feet  of  land.     Recorded  in 
Book  W  W,  page  498,  etc.,  of  same  records. 

48.  Deed  from  The  Gettysburg  Water  Company,  dated  November 
16,  1895,  conveying  400  square  feet  of  land.    Recorded  in  Book  W  W, 
vol.  49,  page  501,  etc.,  of  same  records. 

49.  Deed  from  J.  L.  Sherfy  and  wife,  dated  December  21,  1895, 
conveying  400  square  feet  of  land.     Recorded  in  Book  W  W,  page 
333,  etc.,  of  same  records. 

50.  Deed  from  The  Gettysburg  Battlefield  Memorial  Association, 
dated  April  8,  1896,  conveying  0.31  acre  of  land.     Recorded  in  Book 
X  X,  page  267,  etc.,  of  same  records. 

51.  Deed  from  Amos  Leister  and  wife,  dated  May  20,  1896,  con- 
veying 0.059  acre  of  land.     Recorded  in  Book  X  X,  page  216,  etc., 
of  same  records. 

52.  Deed  from  The  Gettysburg  and  Harrisburg  Railway  Company, 
dated  June  5,  1896,  conveying  8.42  acres  of  land.     Recorded  in  Book 
X  X,  page  341,  etc.,  of  same  records. 

53.  Deed  from  William  Patterson  and  wife,  dated  June  29,  1896, 
conveying  1.13  acres  of  land.     Recorded  in  Book  X  X,  page  302, 
etc.,  of  same  records. 

54.  Deed  from  George  F.  Basehore  and  wife,  dated  August  21, 

1896,  conveying  0.12  acre  of  land.     Recorded  in  Book  X  X,  page 
425,  etc.,  of  same  records. 

55.  Deed  from  George  Spangler  and  wife,  dated  October  8,  1897, 
conveying  625  square  feet  of  land.     Recorded  in  Book  Y  Y,  page 
379,  etc.,  of  same  records. 

56.  Deed  from  Nathaniel  Lightner  and  wife,  dated  October  22, 

1897,  conveying  0.012  acre  of  land  less '15  square  feet.     Recorded  in 
Book  Y  Y,  page  414,  etc.,  of  same  records. 

57.  Deed  from  Samuel  O.  Robinson  and  wife,  dated  November  13, 
1897,  conveying  8  acres  and  22  perches  of  land  less  25,800  square  feet 
with  reservations.     Recorded  in  Book  Z  Z,  page  55,  etc.,  of  same 
records. 

58.  Deed  from  Samuel  M.  Bushman,  dated  December  16,  1897, 
conveying  8.964  acres  of  land.     Recorded  in  Book  Z  Z,  page  53,  etc., 
of  same  records. 

59.  Deed  from  Chas.  A.  Richardson,  dated  September  6,  1897,  con- 
veying 400  square  feet  of  land  less  100  square  feet.     Recorded  in 
Book  58,  page  115,  of  same  records. 


310  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

60.  Deed  from  the  Gettysburg  Water  Company,  dated  January  8, 
1898,  conveying  0.035  acre  of  land.     Recorded  in  Book  Y  Y,  page 
560,  of  same  records. 

61.  Deed  from  Calvin  Gilbert,  dated  May  23,  1898,  conveying  0.11 
acre  of  land.     Recorded  in  Book  Y  Y,  page  612,  etc.,  of  same  records. 

62.  Deed  from  Lucinda  Bender,  et  al.,  dated  June  21,  1898,  con- 
veying 0.22  acre.     Recorded  in  Book  Y  Y,  page  614,  etc.,  of  same 
records. 

63.  Deed  from  Alex.  W.  Little,  dated  September  20,  1898,  convey- 
ing 0.18  acre.     Recorded  in  Book  Z  Z,  page  304,  of  same  records. 

64.  Deed  from  J.  P.  S.  Tobin,  dated  October  8,  1898,  conveying 
2,968  square  feet  of  land.     Recorded  in  Book  Z  Z,  page  311,  of  same 
records. 

65.  Deed  from  William  Patterson,  dated  January  19,  1899,  convey- 
ing 48.3  acres  of  land.     Recorded  in  Book  53,  page  25,  etc.,  of  same 
records. 

66.  Deed  from  Henry  Spangler  and  wife,  dated  April  11,  1899, 
conveying  25.32  acres  of  land.     Recorded  in  Book  53,  page  171,  of 
same  records. 

67.  Deed  from  George  Trostle,  Administrator  etc.,  dated  January 

26,  1899,  conveying  104.3  acres  of  land.     Recorded  in  Book  53,  page 

27,  etc.,  of  same  records. 

68.  Deed  from  Samuel  M.  Bushman,  dated  June  29,  1899,  convey- 
ing 17.27  acres  of  land.     Recorded  in  Book  53,  page  286,  of  same 
records. 

69.  Deed  from  James  E.  Swisher,  dated  November  9,  1899,  convey- 
ing 22.6  acres  of  land.     Recorded  in  Book  53,  page  453,  of  same 
records. 

70.  Deed  from  Edward  H.  Culp,  Administrator  etc.,  dated  April 
27,  1900,  conveying  40.95  acres.     Recorded  in  Book  55,  page  14,  of 
same  records. 

71.  Deed  from  Win.  W.  Hafer  and  wife,  dated  July  6,  1900,  con- 
veying 40  acres.     Recorded  in  Book  55,  page  130,  of  same  records. 

72.  Deed  from  Basil  Biggs  and  wife,  dated  September  8,  1900, 
conveying  48.07  acres  of  land.     Recorded  in  Book  55,  page  111,  of 
same  records. 

73.  Deed  from  Peter  D.  Swisher,  dated  December  11,  1900,  con- 
veying 2.42  acres  of  land.     Recorded  in  Book  55,  page  260  etc.,  of 
same  records. 

74.  Deed  from  Francis  A.  Althoff  and  wife,  dated  December  11, 
1900,  conveying  12.76  acres  of  land.     Recorded  in  Book  54,  page  476, 
of  same  records. 

75.  Deed  from  Peter  D.  Swisher,  dated  February  16,  1901,  con- 
veying 9.2  acres  of  land.     Recorded  in  Book  55,  page  333,  of  same 
records. 

76.  Deed  from  Wm.  H.  Tipton  and  wife,  dated  December  31,  1901, 
conveying  two  tracts  of  land,  aggregating  14.2  acres  of  land.     Re- 
corded in  Book  55,  page  524,  of  same  records. 

77.  Deed  from  John  T.  Cox  et  al.,  Trustees,  dated  March  25,  1902, 
conveying  a  slab  or  memorial  to  General  Zook,  standing  on  land 
which  the  United  States  holds  in  fee. 

78.  Deed  from  Jeremiah  Bender,  dated  July  22,  1902,  conveying 
13,061  square  feet  of  land.     Recorded  in  Book  57,  page  48,  of  same 
records. 


PENNSYLVANIA.  311 

79.  Deed  from  John  S.  Forney,  dated  July  22,  1902,  conveying 
0.57  acre.     Recorded  in  Book  57,  page  46,  of  same  records. 

80.  Deed  from  the  Heirs  of  Amos  Leister,  dated  September  1,  1902, 
conveying  0.08  acre.     Recorded  in  Book  57,  page  102,  of  same  records. 

81.  Deed  from  Benjamin  Redding  and  wife^  dated  August  27, 1902, 
conveying  10  acres  and  91  perches  of  land.     Recorded  in  Book  57, 
page  104,  of  same  records. 

82.  Deed  from  John  E.  C.  Miller  and  wife,  dated  November  24, 

1902,  conveying  33^  acres.     Recorded  in  Book  57,  page  252,  of  same 
records. 

83.  Deed  from  John  Rosensteel,  dated  February  28,  1903,  convey- 
ing 38  perches  of  land.     Recorded  in  Book  56,  page  515,  etc.,  of  same 
records. 

84.  Deed  from  Emanuel  Weikert  and  wife,  dated  May  19,  1903, 
conveying  2.56  acres  of  land.     Recorded  in  Book  58,  page  149,  etc.,  of 
same  records. 

85.  Deed  from  Martin  Winter,  dated  February  13,  1902,  conveying 
7  acres,  94.5  perches,  more  or  less.     Recorded  in  Book  56,  page  246,  of 
same  records. 

86.  Deed  from  Mary  Ann  Pfeffer,  dated  May  12,  1903,  conveying 
10.25  acres.     Recorded  in  Book  58,  page  188  etc.,  of  same  records. 

87.  Deed  from  Sarah  A.  C.  Plank  and  husband,  dated  September 
23,  1903,  conveying  24.3  acres.     Recorded  in  Book  59,  page  8,  of  same 
records. 

88.  Deed  from  Henry  A.  Wolf  and  wife,  et  al.,  dated  October  7, 

1903,  conveying  0.6  acre.     Recorded  in  Book  59,  page  104,  of  same 
records. 

89.  Deed  from  Newton  A.  Tawney  and  wife,  dated  December  19, 
1903,  conveying  .67  acre.     Recorded  in  Book  58,  page  537  etc.,  of 
same  records. 

90.  Deed  from  Calvin  P.  Krise,  dated  March  3,  1904,  conveying  3 
acres,  136  perches.     Recorded  in  Book  58,  page  495  etc.,  of  same 
records. 

91.  Deed  from  George  A.  Thayer  and  George  W.  Morse,  surviving 
trustees,  dated  June  9,  1904,  conveying  site  upon  which  is  erected  a 
monument  to  the  2nd  Massachusetts  Infantry,  containing  576  square 
feet.     Recorded  in  Book  59,  page  125,  of  same  records. 

92.  Deed  from  E.  Layton  Trostle  and  wife,  dated  June  9,  1904, 
conveying  2  acres.     Recorded  in  Book  59,  page  134,  etc.,  of  same 
records. 

93.  Deed  from  Andrew  J.  Smith,  dated  August  12,  1904,  conveying 
3.28  acres.     Recorded  in  Book  59,  page  171,  of  same  records. 

94.  Decree  of  United  States  Circuit  Court,  Eastern  District  of 
Pennsylvania,  in  United  States  v.  Five  Tracts  of  Land;  rendered 
October  2,  1900,  condemning  three  tracts,  aggregating  40.47  acres. 
Money  paid  into  court  December  21,  1900. 

95.  Deed  from  Edward  H.  Gulp,  Administrator,  etc.,  dated  Sep- 
tember 16,  1904,  conveying  7.32  acres.     Recorded  in  Deed  Book  59, 
pages  217,  et  seq.,  of  same  records. 

96.  Deed  from  John  S.  Forney,  dated  December  6,  1904,  convey- 
ing two  tracts  aggregating  2.25  acres.     Recorded  in  Deed  Book  59, 
page  319,  of  same  records. 

97.  Decree  of  condemnation  of  9  acres  and  83  perches  of  land 
belonging  to  Florence  and  Georgiana  Cunningham,  Circuit  Court 


312  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

of  the  United  States,  Middle  District  of  Pennsylvania;  rendered 
December  12,  1904.  Money  paid  into  court  December  31,  1904. 
Deed,  dated  Sept.  18,  1905,  covering  same  premises.  Recorded  Book 

59,  p.  556  et  seq.,  of  same  records. 

98.  Deed  from  Henry  O.  Fowler,  et  al.,  as  Receivers  of  the  Gettys- 
burg Springs  and  Hotel  Company,  dated  December  24,  1904,  con- 
veying 4  certain  parcels  of  land  aggregating  36.56  acres.     Recorded 
in  Deed  Book  60,  pages  22  to  30,  of  same  records. 

99.  Deed   from  Robert   Sheads,  dated  June  20,   1905,  conveying 
0.331  acre.     Recorded  in  Deed  Book  59,  page  403,  of  same  records. 

100.  Deed  from  J.  Emory  Bair  and  wife,  dated  May  13,  1905,  con- 
veying, in  the  aggregate,  31.22  acres.     Recorded  in  Deed  Book  59, 
page  373,  of  same  records. 

101.  Deed  from  Mary  E.  Bridges  and  husband,  et  al.,  dated  April 
17,  1905,  conveying  8.6  acres.     Recorded  in  Deed  Book  59,  page  375, 
et  seq.,  of  same  records. 

102.  Decree   of   Condemnation   in   United    States    Circuit    Court, 
Middle  District  of  Pennsylvania,  of  6.59  acres  of  land,  the  property 
of    the    James    McAllister    heirs.     Decree    rendered    May    3,    1905. 
Money  paid  into  court  June  30,  1905.      Deed,  dated  June  15,  1906, 
covering  same  premises.      Recorded  in   Book   60,  p.   587,  of  same 
records. 

103.  Deed  from  Henry  O.  Towles,  et  al.,  Receivers  of  the  Gettys- 
burg Springs  and  Hotel  Company,  dated  April  18,  1905,  conveying 
two  parcels  of  land,  aggregating  98.94  acres.     Recorded   in   Deed 
Book  60,  page  228,  et  seq.,  of  same  records. 

104.  Deed  from  Sabina  C.  Patterson  and  husband,  dated  Septem- 
ber 20,  1905,  conveying  70.01  acres  of  land.     Recorded  in  Deed  Book 

60,  page  488,  of  same  records. 

105.  Deed  from  Howard  L.  Diehl  and  wife,  dated  July  7,  1905, 
conveying  11.498  acres.     Recorded  in  Deed  Book  59,  page  424,  of 
same  records. 

106.  Deed  from  J.  Emory  Bair  and  wife,  dated  September  10, 
1906,  conveying  1.144  acres.     Recorded  in  Deed  Book  62,  page  40,  of 
same  records. 

107.  Deed  from  Francis  N.  Fronmeyer  and  wife,  dated  October  20, 
1906,  conveying  2.18  acres.     Recorded  in  deed  book  61,  page  353,  of 
same  records. 

108.  Deed  from  J.  Emory  Bair  and  John  B.  McPherson,  receivers 
of  the  Gettysburg  Springs  Hotel  Company,  dated  June  21,  1907,  con- 
veying 3  tracts,  aggregating  360.75  acres.     Recorded  in  deed  book 
63,  page  36,  of  same  records. 

109.  Deed  from  Harriet  L.  Goss,  et  al.,  dated  August  15,  1907, 
conveying  16.6  acres.     Recorded  in  deed  book  62,  page  103  of  same 
records. 

110.  Deeds  from  Mary  L.  Heller,  and  from  Morris  E.  Munshaur 
and  wife,  dated  May  18,  1908  and  June  27,  1908,  respectively,  con- 
veying 1.87  acres.     Recorded,  respectively,  in  deed  book  63,  page 
543,  and  deed  book  64,  page  96,  of  same  records. 

111.  Quit  claim  deed  from  the  Ehrhart-Conrad  Company,  a  cor- 
poration, dated  August  5,  1908,  of  same  property.     Recorded  in  deed 
book  64,  page  93,  of  same  records. 


PENNSYLVANIA.  313 

112.  Deed  from  A.  Winton  Grouse  and  wife,  dated  February  8, 
1908,  conveying  1800  square  feet.     Recorded  in  deed  book  63,  page 
436  of  same  records. 

113.  Quit  claim  deeds  from  James  Mordy,  Ellen  Thompson  et  al., 
Harry  A.  Eckert  et  al.,  Jacob  H.  Butt  et  al.,  county  of  Adams,  to 
same  "premises  dated,  respectively:  April  2,  1908;  August  28,  1908; 
March   16,    1908;   March   21,    1908,   and   September   29,    1908.     Re- 
corded in  deed  book  64,  pages  10,  179,  6,  3  and  miscellaneous  book, 
File  B,  page  178,  respectively. 

114.  Deed  from  Pius  A.  Althoff  and  wife,  dated  June  24,  1909,  con- 
veying 9.39  acres.      Recorded  in  deed  book  65,  page  347  of  same 
records. 

115.  Deed  from  Maggie  A.  Wible,  et  vir,  dated  September  27,  1909, 
conveying  two  tracts  of  land  aggregating  15.483  acres.     Recorded  in 
Deed  Book  65,  page  466,  of  same  records. 

Consent  of  supervisors  of  Cumberland  Township  to  improvement 
of  Emmitsburg  Road,  dated  August  1,  1907. 

License,  dated  June  11,  1908,  to  the  Theological  Seminary  of  the 
General  Synod  of  the  Evangelical  Lutheran  Church,  to  extend  water 
main  along  the  east  line  of  Seminary  Avenue,  to  the  Chambersburg 
Pike. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature,  approved  May  7,  1889,  and* June  26,  1895,  as  follows: 

"  Whereas  Legislation  is  required  to  enable  the  United  States  to 
obtain  title  to  property  within  the  Commonwealth  of  Pennsylvania 
for  the  purpose  of  erecting  monuments  or  tablets  to  mark  the  position 
occupied  by  the  several  commands  of  the  Army  of  the  United  States 
engaged  at  the  battle  of  Gettysburg,  and  to  enable  the  government  of 
the  United  States  to  properly  indicate  and  mark  positions  held  by 
federal  and  confederate  armies  during  said  battle,  and  for  the  pres- 
ervation, for  historical  and  other  purposes,  of  the  said  battlefield; 
therefore, 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Common- 
wealth of  Pennsylvania  is  hereby  given  to  the  acquisition,  by  the 
United  States,  of  such  pieces  and  tracts  of  land  situated  upon  and  in 
the  neighborhood  of  the  battlefield  of  Gettysburg,  in  the  State  of 
Pennsylvania,  as  may  be  selected  by  the  Secretary  of  War,  or  such 
officer  as  he  may  direct,  for  the  purpose  of  erecting  monuments  or 
tablets  for  the  proper  marking  of  the  positions  of  each  of  the  several 
commands  of  the  army  of  the  United  States  engaged  in  the  battle  of 
Gettysburg,  for  opening  and  constructing  roads  and  avenues,  in  con- 
nection with  the  positions  occupied  by  the  federal  or  confederate 
forces  engaged  in  said  battle,  for  the  preservation  of  the  grounds 
covered  by  said  battlefield  for  historical  and  other  purposes,  and  for 
making  such  other  improvements  in  connection  with  said  battlefield 
as  the  Government  of  the  United  States  may,  from  time  to  time  deem 
proper.  For  the  purposes  aforesaid,  the  United  States  shall  have, 
hold,  use,  occupy  and  own  said  lands,  when  purchased  or  acquired, 
and  exercise  jurisdiction  and  control  over  the  same  and  every  part 
thereof,  subject  to  the  restrictions  hereinafter  mentioned. 

"  SEC.  2.  The  jurisdiction  of  the  State  of  Pennsylvania  in  and  over 
the  said  lands,  when  acquired  by  the  United  States,  shall  be,  and  the 


314 

same  is  hereby,  ceded  to  the  United  States  and  shall  continue  so  long 
as  the  said  lands  shall  remain  the  property  of  the  United  States,  and 
no  longer,  and  the  same  shall  be  and  continue  exonerated  from  all 
taxes,  assessments  and  other  charges  which  may  be  levied  under  the 
authority  of  this  Commonwealth :  Provided,  howe  ver,  That  the  Com- 
monwealth of  Pennsylvania  shall,  and  hereby  does,  retain  concurrent 
jurisdiction  with  the  United  States,  in  and  over  said  lands,  so  far 
as  that  all  civil  process  in  all  cases,  and  such  criminal  or  other  process 
as  may  issue  under  the  authority  of  the  State  of  Pennsylvania  against 
any  person  or  persons  chargecj  with  crimes  or  misdemeanors,  com- 
mitted within  said  State,  including  said  lands,  may  be  executed 
therein  in  the  same  manner  as  if  consent  to  acquisition  had  not  been 
given,  or  jurisdiction  ceded,  except  so  far  as  such  process  may  affect 
the  personal  or  real  property  of  the  United  States." 

(Sections  3  and  4  provide  for  the  condemnation  of  property  where 
the  United  States  can  not  agree  with  the  owner  as  to  price,  etc.) 
(Act  approved  May  7,  1889.  Laws  of  Penna.  1889,  p.  106.) 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  this  Com- 
monwealth is  hereby  ceded  to  the  United  States  of  America  over  the 
public  roads,  and  parts  of  the  same  hereinafter  specified  and  de- 
scribed, included  within  the  limits  of  the  National  Park  at  Gettys- 
burg, as  defined  by  the  act  of  Congress,  entitled  'An  act  to  establish 
a  National  Military  Park  at  Gettysburg,  Pennsylvania,'  approved 
February  eleven,  one  thousand  eight  hundred  and  ninety-five,  to  wit: 

"  First.  That  part  of  the  public  road  known  as  the  Carlisle  road, 
extending  from  the  borough  line  of  Gettysburg  northward  by  the 
various  courses  of  said  road  five  thousand  six  hundred  feet  to  the 
boundary  of  the  aforesaid  National  Park,  as  defined  in  the  said  act 
of  Congress. 

"  Second.  That  part  of  the  public  road  known  as  the  Newville  or 
Bendersville  road,  extending  from  its  junction  with  the  aforesaid 
Carlisle  road  northwestward  two  thousand  four  hundred  feet  to  the 
boundary  of  the  aforesaid  National  Park. 

"  Third.  That  part  of  the  public  road  known  as  the  Harrisburg  or 
Heidlersburg  road,  extending  from  the  borough  line  of  Gettysburg 
northward  by  the  various  courses  of  said  road  five  thousand  two 
hundred  and  fifty  feet  to  the  boundary  of  said  National  Park. 

"  Fourth.  That  part  of  the  public  road  known  as  the  Hunterstown 
road,  extending  from  its  junction  with  the  York  pike,  near  Gettys- 
burg, northeastward  three  thousand  six  hundred  and  ninety  feet  to 
the  boundary  of  the  aforesaid  National  Park. 

"  Fifth.  That  part  of  the  public  road  known  as  the  Hanover  road, 
extending  from  the  borough  line  of  Gettysburg  at  Rock  Creek  south- 
eastward five  thousand  seven  hundred  feet  to  the  boundary  of  said 
National  Park. 

"  Sixth.  That  part  of  the  public  road  known  as  the  Taneytown 
road,  extending  from  the  borough  line  of  Gettysburg  southward  nine 
thousand  four  hundred  feet  to  the  boundary  of  the  a  f oresaid  National 
Park. 

"  Seventh.  That  public  road  connecting  the  Taneytown  road  and 
the  Baltimore  pike,  extending  from  the  Taneytown  road  at  the  com- 
mon corner  of  Patterson  and  Baker's  lands  on  that  road  eastward  by 


PENNSYLVANIA.  315 

sundry  courses  four  thousand  three  hundred  feet  to  the  Baltimore 
pike  near  McAllister's  Hill. 

u  Eighth.  That  public  roacl  known  as  the  Wheatfield  road,  extend- 
ing from  its  junction  with  the  Taneytown  road  at  Sedgwick  Post- 
Office  westward  by  sundry  courses  and  crossing  the  Emmitsburg  road 
and  Confederate  Avenue  eight  thousand  five  hundred  and  fifty  feet 
to  the  boundary  of  the  aforesaid  National  Park  near  the  southwest 
corner  of  Martin's  Woods. 

"  Ninth.  That  part  of  the  public  road  known  as  the  Emmitsburg 
road,  extending  from  the  crossing  of  the  Wheatfield  road  at  the  Peach 
Orchard  southwestward  "seven  thousand  eight  hundred  feet  or  more 
to  the  boundary  of  the  aforesaid  National  Park. 

"  Tenth.  That  part  of  the  public  road  known  as  the  Hagerstown 
road,  extending  from  the  borough  line  of  Gettysburg  southwestward 
six  thousand  two  hundred  feet  to  the  boundary  of  the  aforesaid 
National  Park. 

"  Eleventh.  That  part  of  the  public  road  known  as  the  Herster's 
Mill  road,  which  begins  at  the  Hagerstown  road  about  a  furlong  west 
of  Reynolds  Avenue,  extending  thence  northwestward  by  sundry 
courses,  and  crossing  Willoughby  run,  four  thousand  feet  to  the 
boundary  of  the  aforesaid  National  Park. 

"  Twelfth.  That  part  of  the  public  road  which  begins  at  the  Cham- 
bersburg  pike  at  Herr's  tavern,  extending  thence  southward  two  thou- 
sand feet  to  the  boundary  of  the  aforesaid  National  Park. 

"  Thirteenth.  That  part  of  the  public  road  known  as  the  Mummas- 
burg  road,  extending  from  the  borough  line  of  Gettysburg  northwest- 
ward six  thousand  three  hundred  feet  to  the  boundary  of  the  afore- 
said National  Park. 

"  Fourteenth.  That  public  road  connecting  the  Mummasburg  road 
with  the  Chambersburg  pike,  beginning  at  the  Mummasburg  road  on 
the  summit  of  Seminary  Ridge  and  extending  thence  southward  by 
sundry  courses  three  thousand  eight  hundred  feet,  crossing  the  rail- 
road just  east  of  where  the  Fifty-sixth  Pennsylvania  regiment  fired 
the  first  musket  in  the  battle,  to  the  Chambersburg  pike,  about  a  fur- 
long from  where  Reynolds  fell:  Provided,  nevertheless,  That  this 
cession  is  upon  the  express  condition  that  the  Commonwealth  of 
Pennsylvania  so  far  retains  concurrent  jurisdiction  with  the  United 
States  over  said  roads  and  parts  of  roads  above  described,  as  that  all 
civil  and  criminal  process  issued  under  the  authority  of  this  Com- 
monwealth may  be  executed  thereon  in  like  manner  as  if  this  act  had 
not  been  passed:  Provided  further,  That  all  offenses  against  the 
criminal  laws  of  Pennsylvania  upon  said  roads  or  parts  of  roads  shall 
remain,  as  before,  cognizable  in  the  Courts  of  this  Commonwealth, 
but  nothing  herein  contained  shall  in  anywise  interfere  with  the 
jurisdiction  of  the  United  States  over  any  matter  embraced  in  the 
act  of  Congress  establishing  said  National  Park,  approved  February 
eleventh,  one  thousand  eight  hundred  and  ninety-five,  nor  with  any 
laws,  rules  or  regulations  which  have  been  or  may  be  adopted  by  the 
Government  of  the  United  States  for  the  preservation  and  protection 
of  its  property  and  rights  on  said  ceded  roads  and  parts  of  roads,  and 
proper  maintainance  of  good  order  thereon." 

(Act  approved  June  20,  1895.    Laws  of  Penna.,  1895,  p.  371.) 

See  Appendix,  page  464. 


316  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

GETTYSBURG  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  17  acres,  and  is  situated  at 
Gettysburg,  in  Adams  County.  The  title  is  as  follows : 

Deed  from  David  Wills,  President  of  Soldiers'  National  Cemetery, 
for  the  Soldiers'  National  Cemetery  at  Gettysburg,  Pa.,  dated  April 
18,  1872,  conveying  said  17  acres  of  land.  Recorded  in  Book  D  D, 
folio  216,  etc.,  of  the  deed  records  of  Adams  County. 

Cession  of  jurisdiction  implied  by  an  act  of  the  State  Legislature 
giving  consent  to  the  acquisition  by  the  United  States  of  said  Ceme- 
tery property,  approved  April  14,  1868,  which  act  provides  as 
follows : 

"  Whereas,  By  an  act  of  the  Thirty-ninth  Congress  of  the  United 
States,  entitled  'An  Act  to  establish  and  protect  National  Cemeteries,' 
approved  February  twenty-second,  one  thousand  eight  hundred  and 
sixty-seven,  Congress  has  adopted  a  uniform  system  for  the  manage- 
ment and  care  of  all  the  soldiers'  national  cemeteries  throughout  the 
United  States,  and  made  provision  for  their  maintainance :  therefore, 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  board  of  commissioners 
having  charge  and  care  of  the  Soldiers'  National  Cemetery  at  Gettys- 
burg, are  hereby  authorized  and  empowered  to  transfer  all  the  right, 
title,  interest  and  care  of  said  Soldiers'  National  Cemetery,  upon  the 
completion  of  the  same,  to  the  government  of  the  United  States,  the 
Commonwealth  of  Pennsylvania  hereby  ceding  and  relinquishing  to 
the  United  States  all  its  title  to  the  grounds  and  property  of  the  said 
cemetery,  vested  in  it  for  the  States  which  participated  'in  the  estab- 
lishment of  said  National  Cemetery;  this  cession  being  made  upon 
the  condition  that  the  United  States  Government  take  upon  itself  the 
management  and  care  of  the  said  cemetery,  and  make  provision  for 
its  maintainance. 

******* 

"  SEC.  3.  That  the  governor  of  this  Commonwealth  is  hereby  au- 
thorized and  empowered  to  do  all  acts  and  execute  all  papers  upon 
behalf  of  this  Commonwealth,  necessary  to  consummate  the  cession, 
and  to  cause  a  copy  of  this  act  to  be  forwarded  to  the  governors  of 
the  several  States  who  have  appointed  Commissioners,  and  also  to  the 
board  of  Commissioners  having  charge  of  The  Soldiers'  National 
Cemetery  at  Gettysburg,  and  to  the  President,  the  Senate  and  House 
of  Representatives  of  the  United  States." 

******* 

(Act  approved  April  14,  1868.) 

LAFAYETTE  CEMETERY. 

(Soldiers'  lot.) 

This  Lot  is  situated  in  The  LaFayette  Cemetery  in  the  City  of 
Philadelphia,  and  is  known  and  designated  as  Lot  No.  42,  containing 
80  square  feet  of  land.  The  title  is  as  follows : 

Deed  from  Mary  Sutherland,  et  al.,  to  Burton  Kollock;  Assigned 
by  Burton  Kollock  to  the  Union  Volunteer  Refreshment  Saloon  Com- 
mittee, and  by  the  latter  assigned  to  the  United  States,  June  7,  1875, 
transferring  above  Lot.  Recorded  in  Book  F  T  W  No.  231,  page 
342,  etc.,  of  the  deed  records  of  the  City  and  County  of  Philadelphia. 

For  jurisdiction  see  General  Act  of  Cession. 


PENNSYLVANIA.  317 

LEBANON  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  contains  an  area  of  about  4,480  square  feet,  and  is 
situated  in  The  Lebanon  Cemetery  of  Philadelphia,  in  the  City  of 
Philadelphia.  The  title  is  as  follows : 

Deed  from  Jacob  C.  White  and  wife,  dated  June  1, 1867,  conveying 
56  Lots  in  Section  D,  of  The  Lebanon  Cemetery  of  Philadelphia, 
numbered  195  to  202,  inclusive;  211  to  218,  inclusive;  227  to  234, 
inclusive;  243  to  250,  inclusive;  259  to  266,  inclusive;  275  to  282, 
inclusive;  and  291  to  298,  inclusive;  containing  about  4,480  square 
feet  of  land.  Recorded  in  Book  J  T  O  No.  60,  page  15,  etc.,  of  the 
deed  records  of  the  City  and  County  of  Philadelphia. 

For  jurisdiction  see  General  Act  of  Cession. 


(Soldiers'  lot.) 

This  reservation  embraces  Lots  1,  2,  3,  4,  5  and  6,  in  Division  B, 
Section  14,  of  Mechanics'  Cemetery,  and  is  situated  in  what  was  for- 
merly Islington  Park,  in  Penn  Township,  now  City  of  Philadelphia. 
The  title  is  as  follows: 

Deed  from  The  United  American  Mechanics  and  United  Daughters 
of  America  Cemetery  Association,  dated  October  16,  1874,  conveying 
the  above-described  property,  with  right  of  way,  etc. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT  MIFFLIN. 

This  reservation  is  situated  in  the  Delaware  River,  near  League 
Island,  within  the  corporate  limits  of  the  City  of  Philadelphia.  It 
originally  contained  an  area  of  about  317  acres;  but  it  was  reduced 
by  the  sale  of  49.707  acres,  August  29,  1899,  to  the  International 
Navigation  Company,  under  authority  of  Act  of  Congress  of  January 
6,  1893.  By  letters  of  the  Secretary  of  War,  dated  July  31,  1895, 
June  21,  1898,  September  29,  1899,  and  May  6,  1905,  portions  of  the 
remaining  lands  were  transferred  to  the  Navy  Department  for  use 
in  connection  with  the  Naval  Magazine  at  that  place — leaving  under 
control  of  the  War  Department  the  southerly  portion  of  the  reserva- 
tion, including  Fort  Mifflin.  The  title  is  as  follows : 

1.  Act  of  the  State  Legislature  approved  April  15,  1795,  ceding  to 
the  United  States  an  island  in  the  Delaware  River,  called  "Mud 
Island." 

2.  Deed  from  the  Philadelphia  Board  of  Health,  dated  August  5, 
1808,  conveying  "  The  Lazaretto  "  lands  on  State  Island  containing 
6  acres  3  roods  and  25  perches  of  land.     Recorded  in  Book  E  F, 
No.  31,  page -320,  etc.,  of  the  deed  records  of  the  City  and  County  of 
Philadelphia.     (Sale  authorized,  without  specifying  to  whom,  by  act 
of  the  State  Legislature  approved  February  14,  1801.) 

3.  Deed  from  John  W.  Ashmead  and  wife,  dated  March  23,  1851, 
conveying  98   acres   and   11   perches   of   land.     Recorded   in   Book 
(j  W  C,  No.  91,  page  491,  etc.,  of  same  records. 


318  UNITED   STATES   MILITARY  KESERVATIONS,  ETC. 

Jurisdiction  over  Mud  Island  was  ceded  to  the  United  States  by  an 
act  of  the  State  Legislature  as  cited  above,  which  act  is  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  all  the  right,  title,  property, 
and  interest  of  this  Commonwealth  in  and  to  the  island  commonly 
called  Mud  Island,  situate  in  the  River  Delaware,  together  with  all 
the  improvements  thereon  erected,  placed,  or  being,  shall  be,  and 
hereby  are,  ceded  to  and  vested  in  the  United  States  of  America,  as 
fully,  absolutely,  and  to  the  same  extent,  as  this  Commonwealth  now 
holds  and  is  entitled  in  and  to  the  same :  Provided  Always,  Neverthe- 
less, That  if  the  said  United  States  shall  not  accept  the  same  within 
one  year  from  the  passing  of  this  act,  then,  and  in  that  case,  the  ces- 
sion hereby  made  shall  be  absolutely  void,  and  of  no  effect:  Provided 
further,  That  the  State  of  Pennsylvania  may  at  all  times  occupy  the 
said  island  and  fortifications,  whenever  the  same  shall  not  be  pos- 
sessed by  a  military  force  under  the  United  States :  And  provided  fur- 
ther, That  the  jurisdiction  of  the  State  of  Pennsylvania  over  the  said 
island,  in  civil  and  criminal  cases,  be  the  same  as  before  the  passing 
of  this  act."  (Act  approved  April  15,  1795.) 

Cessions  of  jurisdiction  over  portions  of  the  reservation  acquired 
subsequently  to  the  cession  of  Mud  Island  have  not  been  found. 

Revocable  Licenses:  License,  November  5,  1880,  to  the  Treasury 
Department  to  erect  a  set  of  range  lights  on  the  reservation. 

License,  November  16,  1882,  to  the  Baltimore  and  Ohio  Telegraph 
Company  to  land  cable  and  erect  poles  on  the  reservation. 


(Soldiers'  lot.) 

This  reservation  contains  an  area  of  about  9,040  square  feet  of  land 
and  is  situated  in  Odd  Fellows'  Cemetery  on  north  side  of  Islington 
Lane,  in  Penn  Township,  now  City  of  Philadelphia.  The  title  is  as 
follows : 

Deed  from  the  Odd  Fellows'  Cemetery  Company  of  Philadelphia, 
dated  April  27,  1868,  conveying  above  property.  Recorded  in  Book 
J  T  O  No.  151,  page  354,  etc.,  of  the  deed  records  of  the  City  and 
County  of  Philadelphia. 

For  jurisdiction  see  General  Act  of  Cession. 

PHILADELPHIA    DEPOT    OF    THE    QUARTERMASTER'S    DEPARTMENT. 

This  reservation  contains  an  area  of  8  acres  2  roods  and  16  perches 
of  land,  and  is  situated  in  the  City  of  Philadelphia.  The  name  was 
changed  from  "  Schuylkill  Arsenal "  to  "  Philadelphia  Depot  of  the 
Quartermaster's  Department "  by  G.  O.  No.  78,  W.  D.,  July  25,  1873. 
The  title  is  as  follows : 

Deed  from  Elizabeth  Sober,  et  al.,  to  Hon.  James  McHenry,  in  trust 
for  the  United  States,  dated  July  6,  1799,  conveying  by  description 
the  above  lands.  Recorded  in  Book  No.  77,  page  516,  etc.,  of  the 
deed  records  for  the  City  and  County  of  Philadelphia. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  June  13,  1840,  which  provides  as  follows : 

"  SEC.  3.  That  the  jurisdiction  of  the  State  of  Pennsylvania  is 
hereby  ceded  to  the  United  States  of  America,  for  the  purpose  of 


PENNSYLVANIA.  319 

erecting  and  maintaining  thereon,  arsenals,  magazines  and  other 
necessary  buildings,  over  all  those  certain  tracts,  pieces,  or  parcels  of 
land  situate  *  *  *  in  the  County  of  Philadelphia  *  *  *. 
And  the  description  and  boundaries  of  the  last-mentioned  of  the  fore- 
going tracts,  as  set  forth  in  the  deed  executed  by  Elizabeth  Sober  et 
al.  to  James  McHenry  on  the  6th  day  of  July,  1799,  being  as  follows, 
to  wit:  [Here  describes  tract  near  Schuylkill  River,  at  Grays  Ferry.] 
The  evidences  of  the  several  purchases  of  the  land  which  is  hereby 
ceded  being  recorded  in  the  office  of  the  Clerk  of  the  County  of 
Philadelphia. 

"  SEC.  4.  The  jurisdiction  so  ceded  to  the  United  States  of  Amer- 
ica, is  granted  upon  the  express  condition,  that  the  said  State  of 
Pennsylvania,  shall  retain  a  concurrent  jurisdiction  with  the  United 
States,  in  and  over  the  tracts  of  land  aforesaid,  so  far  as  that  civil 
process  in  all  cases  and  such  criminal  process  as  may  issue  under  the 
authority  of  the  State  of  Pennsylvania,  against  any  person  or  per- 
sons charged  with  the  crimes  committed,  without  the  said  tracts  of 
land,  may  be  executed  therein,  in  the  same  way  and  manner,  as  if 
this  jurisdiction  had  not  been  ceded.  The  United  States  are  to  retain 
such  jurisdiction  so  long  as  said  tracts  of  land  shall  be  used  for  the 
purposes  expressed  in  the  foregoing  sections  and  no  longer. 

Easement:  Right  of  way  granted  through  this  reservation  to  the 
Schuylkill  River  East  Side  Railroad  Co.  by  Act  of  Congress,  May  1, 
1886.  Location  approved  May  21,  1886,  and  accepted  by  grantee, 
June  8,  1886. 

PHILADELPHIA  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  13  acres  1  rood  and  11.7 
perches  of  land,  and  is  situated  at  Germantown,  within  the  corporate 
limits  of  the  Citv  of  Philadelphia,  being  the  west  corner  of  Haines 
Street  and  Limekiln  Turnpike  Road  in  Twenty-second  Ward  of  said 
City.  The  title  is  as  follows : 

Deed  from  Henry  G.  Freeman  and  wife,  dated  January  26,  1885, 
conveying  above  tract.  Recorded  in  Book  G.  G.  P.,  No.  20,  page  127, 
etc.,  of  the  deed  records  of  the  City  and  County  of  Philadelphia. 

For  jurisdiction  see  General  Act  of  Cession. 


This  reservation  was  formerly  known  as  the  "Allegheny  Arsenal ;  " 
but  the  arsenal  was  abolished  May  1,  1901,  and  the  name  was  changed 
to  "  Pittsburg  Storage  and  Supply  Depot "  by  G.  O.  No.  40,  W.  D., 
Feb.  24,  1906.  It  contains  an  area  of  about  33  acres,  excluding  the 
tract  of  about  5  acres  which  was  transferred  to  the  Treasury  Depart- 
ment June  1,  1904,  under  Act  of  Congress,  approved  March  3,  1903, 
for  a  Marine  Hospital  Site.  It  is  situated  on  the  east  side  of  the 
Allegheny  River,  in  Pittsburg,  in  Allegheny  County.  The  title  is  as 
follows : 

1.  Deed  from  William  B.  Foster  and  wife,  dated  April  29,  1814, 
conveying  30  acres  of  land.    Recorded  in  Book  T,  page  — ,  of  the  deed 
records  of  Allegheny  County,  at  Pittsburg,  May  2,  1814. 

2.  Deed  from  Alba  Fisk  and  wife,  dated  May  13,  1831,  conveying 
6.46  acres.    Recorded  in  Book  P  2,  Vol.  40,  page  601,  etc.,  of  same 
records. 


320  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

3.  Deed  from  Anthony  Dravo  and  wife,  dated  June  8,  1833,  con- 
veying 1  acre  and  0.64  of  a  perch  of  land.    Recorded  in  Book  V  2, 
Vol.  45,  page  136,  of  same  records. 

4.  Deed  from  William  F.  Hamilton,  et  al.,  dated  November  26, 
1836,  conveying  right  to  water,  etc.    Recorded  in  Book  C  3a,  Vol  52, 
page  480,  etc.,  of  same  records. 

5.  Deed  from  Alba  Fisk  and  wife,  dated  June  6,  1837,  conveying 
6,886  square  feet  of  land.    Recorded  in  Book  D  3,  Vol.  53,  page  400, 
etc.,  of  same  records. 

6.  Deed   from  Philip  Weisenberger,  et  al.,  Trustees,  etc.,  dated 
April  19,  1867,  conveying  Lots  1,  2,  3  and  4  of  the  Borough  of  Law- 
renceville,  containing  about  10,000  square  feet  of  land.    Recorded  in 
Deed  Book,  Vol.  218,  page  396,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  acts  of  the  State 
Legislature  passed  March  19, 1816,  and  February  14,  1845,  which  acts 
provide  as  follows : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Legislature 
of  the  Commonwealth  of  Pennsylvania  is  hereby  granted  to  a  pur- 
chase, which  the  United  States  have  lately  made  from  William  B. 
Foster,  of  a  certain  tract  of  land  situate  on  the  Allegheny  River, 
about  two  miles  above  Pittsburg,  bounded  as  follows :  [Here  describes 
land  as  set  out  in  the  Foster  deed,  supra.]  For  a  military  station  and 
establishment  for  the  ordnance  department:  Provided,  That  nothing 
herein  contained  shall  extend,  or  be  construed  to  extend,  so  as  to  im- 
pede or  prevent  the  execution  of  any  process,  civil  or  criminal,  under 
the  authority  of  this  State."  (Act  approved  March  19,  1816.) 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  assent  of  the  Legislature 
of  the  Commonwealth  of  Pennsylvania  is  hereby  granted  to  a  pur- 
chase made  by  the  United  States  of  certain  land  from  Alba  Fisk  and 
wife  on  the  Thirteenth  day  of  May,  Eighteen  hundred  and  thirty-one, 
and  also  to  the  purchase  of  certain  other  land  from  Anthony  Dravo 
and  wife  on  the  Eighth  day  of  June,  Eighteen  hundred  and  thirty- 
three,  and  also  to  the  purchase  of  certain  other  land  from  Alba  Fisk 
and  wife  on  the  Sixth  day  of  June,  Eighteen  hundred  and  thirty- 
seven,  all  of  which  pieces  of  land  are  included  within  the  boundaries 
of  the  United  States  Arsenal  near  Pittsburg  and  adjoining  the  piece 
described  in  the  act  to  which  this  is  an  addition,  and  containing  about 
Eight  Acres,  according  to  the  boundaries  described  in  the  deeds  of 
the  purchase  above  mentioned  and  under  like  terms  and  conditions 
as  are  prescribed  in  the  act  to  which  this  is  an  addition. 

"  SEC.  2.  That  if  at  any  time  hereafter  any  further  or  additional 
quantity  of  land  shall  be  purchased  by  the  United  States  for  the  use 
of  said  arsenal,  this  act  shall  be  construed  to  vest  in  the  United  States 
jurisdiction  over  the  same  to  the  same  extent  as  it  is  vested  by  this 
act  over  the  pieces  above  described."  (Approved  February  14,  1845.) 

Easements:  Act  of  Congress,  approved  February  14,  1853,  granted 
a  right  of  way  across  the  reservation  to  the  Allegheny  Valley  Rail- 
road Company.  Act  of  June  23,  1874,  provided  for  the  extension  of 
a  line  between  the  existing  line  and  the  Allegheny  River.  Act  of 
February  28,  1900,  granted  additional  right  of  way  and  provided  for 
a  siding  within  the  reservation. 

The  reservation  is  bisected  by  a  public  paved  street  called  Butler 
street,  upon  which  is  located  a  street-car  track. 


PENNSYLVANIA.  321 

Revocable  licenses:  License,  November  19,  1885,  to  the  Philadel- 
phia Company  to  lay  a  24-inch  pipe  through  the  reservation. 

License,  June  27,  1887,  to  the  Chartiers  Valley  Gas  Company  to 
lay  a  24-inch  pipe  through  the  reservation. 

License,  March  30,  1901,  to  the  city  of  Pittsburg  to  lay  a  water 
main  through  the  reservation. 

License,  August  9,  1904,  to  the  Pittsburg  Natural  Gas  Company  to 
lay  a  16-inch  gas  line  through  the  reservation. 

License,  September  7,  1904,  to  The  Philadelphia  Company  to  main- 
tain a  line  of  poles  upon  the  reservation,  heretofore  placed  and  main- 
tained under  permission  of  the  post  commander. 

Licenses  to  the  Interior  Department,  dated  June  13,  July  9,  August 
15,  October  12,  1908,  and  February  8,  1909,  authorizing  the  occupancy 
of  certain  buildings,  and  the  erection  of  new  ones  and  certain  testing 
machines  by  the  Geological  Survey  in  connection  with  the  investiga- 
tion relative  to  prevention  of  mine  disasters,  etc. 

Lease:  February  6,  1907,  for  five  years,  of  portion  to  city  of  Pitts- 
burg for  park  purposes. 

PKESQUE   ISLE. 

This  reservation  contains  an  area  of  about  2,024  acres,  and  is  a 
peninsula  lying  to  the  northward  of  and  inclosing  the  bay  of  Presque 
Isle,  commanding  the  entrance  to  the  harbor  of  Erie,  in  Erie  County. 
The  title  is  as  follows  : 

Deed  from  "  The  Marine  Hospital  of  Pennsylvania,"  dated  May 
25,  1871,  conveying  the  above  2,024  acres  of  land.  Recorded  in  Book 
No.  40,  page  634,  etc.,  of  the  deed  records  of  Erie  County. 

Consent  to  the  purchase  of  said  land  by  and  jurisdiction  ceded  to 
the  United  States  by  acts  of  the  State  Legislature  approved  April 
18,  1795,  and  May  11, 1871,  which  acts  provide  as  follows: 

"  SEC.  3.  And  be  it  further  enacted,  etc.,  That  the  said  Commis- 
sioners shall  also  survey  or  cause  to  be  surveyed,  previously  to  and 
exclusively  of  the  survey  of  the  said  town  lots  and  outlets,  one  lot 
of  sixty  acres  on  the  southern  side  of  the  harbor  of  Presque  Isle  one 
moiety  thereof  upon  the  bank,  and  the  other  moiety  below  the  bank 
comprehending  the  point  at  the  entrance  of  the  harbor,  one  lot  of 
thirty  acres  on  the  peninsula,  at  or  near  the  entrance  of  the  harbor, 
and  one  other  lot  on  the  peninsula,  to  contain  one  hundred  acres,  for 
the  accommodation  and  use  of  the  United  States,  in  erecting  and 
maintaining  forts,  magazines,  arsenals  and  dockyards  thereon,  and 
in  such  other  improvements  as  the  United  States  may  judge  proper  to 
make  for  their  advantage  and  convenience;  and  the  situations  and 
forms  of  the  said  three  lots  shall  be  chosen  and  fixed  with  a  special 
reference  to  the  uses  aforesaid  by  the  said  Commissioners,  and  the 
engineer  who  shall  be  employed  by  the  United  States,  if  any  such 
shall  be  appointed  and  shall  attend  for  that  purpose;  and  the  said 
Commissioners  shall  with  all  convenient  despatch,  return  and  file  in 
the  office  of  the  Secretary  of  the  Commonwealth,  a  draft  of  the  loca- 
tion and  survey  of  the  said  three  last-mentioned  lots,  and  the  said 
draft  being  approved  by  the  Governor,  and  recorded  by  the  Secre- 
tary, shall  be  deposited  in  the  office  of  the  Surveyor-General,  and  it 
shall  be  lawful  for  the  United  States  at  any  time  thereafter  to  take 

16809—10 21 


322  UNITED   STATES    MILITARY   RESERVATIONS,  ETC. 

possession  of  and  occupy  the  said  three  last-mentioned  lots,  and 
thereon  to  erect,  establish  and  maintain  all  necessary  forts,  maga- 
zines, arsenals  and  dockyards,  and  to  make  such  other  improvements 
thereon,  as  they  may  judge  proper,  and  the  same  to  continue  to  pos- 
sess, occupy  and  hold  so  long  as  they  shall  deem  it  expedient  to  main- 
tain and  shall  actually  maintain  a  fort,  garrison  or  other  military 
establishment  at  or  near  Presque  Isle  and  no  longer:  Provided, 
Always,  That  if  the  Mill  seats  on  the  creek  running  near  the  ruins 
of  the  old  French  fort  should  fall  within  the  cessions  hereby  made  to 
the  United  States,  the  same  shall  nevertheless  be,  and  hereby  are, 
reserved  for  the  use  of  this  State  with  the  right  of  erecting  mills 
thereon,  but  no  buildings,  mills  excepted,  shall  be  erected  within  six 
hundred  yards  of  the  centre  of  any  fort  which  shall  be  erected  by 
the  United  States,  on  either  of  the  lots  ceded  to  them  as  aforesaid: 
Provided  also,  That  it  shall  be  lawful  to  lay  out  and  open  convenient 
roads  through  such  parts  of  the  said  three  lots  as  the  reasonable  ac- 
commodation of  the  State  or  its  citizens  may  require  without  injury 
to  the  United  States,  with  respect  to  the  object  of  the  cession;  and  it 
is  the  express  intent  and  meaning  of  this  act,  that  nothing  herein  con- 
tained shall  be  deemed,  construed,  or  in  any  wise  taken  to  cede  and 
transfer  unto  the  United  States  the  jurisdiction  or  right  of  soil  in 
and  to  the  said  three  last-mentioned  lots,  but  only  the  occupancy  and 
use  thereof  for  the  purposes  aforesaid."  (Act  approved  April  18, 
1795.) 

"SECTION  1.  Be  it  enacted,  etc.,  That  the  sum  of  thirty  thousand 
dollars  is  hereby  appropriated  to  the  Marine  Hospital  at  Erie,  for  the 
purpose  of  fitting  the  building  for  the  reception  of  patients  and  pay- 
ing the  debt  of  the  corporation,  but  only  on  the  condition  that  the  said 
Marine  Hospital  Corporation  shall  reconvey  to  the  State  of  Pennsyl- 
vania, by  good  and  sufficient  deeds,  to  be  approved  by  the  Attorney- 
General,  all  lands  in  any  granted  to  said  Marine  Hospital  by  its  act  of 
incorporation,  approved  March  twenty-second,  Anno  Domini,  one 
thousand  eight  hundred  and  sixty-seven,  and  the  buildings  now 
thereon,' with  the  appurtenances,  to  be  held  by  the  State  for  the  uses 
and  purposes  defined  in  said  act  incorporating  the  Marine  Hospital 
at  Erie,  and  on  the  further  condition  that  said  Marine  Hospital  Cor- 
poration shall  convey  to  the  United  States  of  America  all  title  it  may 
have  to  the  Peninsula  of  Presque  Isle,  obtained  from  the  State  of 
Pennsylvania  by  act  of  February  fourth,  Anno  Domini,  one  thousand 
eight  hundred  and  sixty-nine,  entitled  'A  supplement  to  an  act  incor- 
porating the  Marine  Hospital  at  Erie,'  to  be  held  by  said  United 
States  as  near  as  ma}^  be,  in  its  present  condition,  and  only  for  the 
purposes  of  national  defence  and  for  the  protection  of  the  harbor  of 
Erie,  but  in  all  other  respects  to  be  subject  to  the  civil  and  criminal 
jurisdiction  of  the  State  of  Pennsylvania;  and  the  consent  of  the 
State  of  Pennsylvania  is  hereby  given  to  such  transfer  of  title,  only 
for  the  purposes  and  under  the  limitations  hereinbefore  mentioned." 
*  *  *  (Act  approved  May  11,  1871.) 

The  deed  from  "  The  Marine  Hospital  of  Pennsylvania  "  was  ac- 
cepted under  the  following  Act  of  Congress : 

"Be  it  enacted,  etc.,  That  the  Secretary  of  War  be,  and  he  is  hereby, 
authorized  and  empowered  to  receive  and  accept  from  'The  Marine 
Hospital  of  Pennsylvania,'  a  corporation  duly  incorporated  by  the 


PHILIPPINE   ISLANDS.  323 

Commonwealth  of  Pennsylvania,  the  title  to  a  piece  or  parcel  of  land, 
being  the  peninsula  lying  to  the  northward  of  and  inclosing  the  bay 
of  Presque  Isle,  and  containing  two  thousand  and  twenty-four  acres, 
more  or  less,  to  be  held  by  the  Government  of  the  United  States  for 
the  protection  of  the  harbor  of  Erie:  Provided,  That  the  deed  con- 
veying the  same  shall  not  be  received  or  accepted  until  the  title  to  the 
same  is  complete  and  indefeasible,  nor  unless  the  acceptance  thereof 
shall  be  recommended  by  a  board  of  officers  of  the  corps  of  engineers 
appointed  by  the  President."  (Approved  May  27,  1872.  17  Stat. 
L.,  162.) 

Easement:  Act  of  Congress,  approved  February  23,  1893,  author- 
ized the  Commissioner  of  Water  Works  of  the  city  of  Erie  to  extend 
the  intake  pipe  across  the  Bay  of  Presque  Isle  to  the  peninsula,  and 
thence  across  the  lands  of  the  United  States  into  Lake  Erie. 

Revocable  .lease,  July  8,  1905,  for  five  years,  of  one  acre  to  Erie 
Yacht  Club  of  Erie,  Pennsylvania,  to  be  used  for  storing  yachts. 

PROSPECT  HILL  CEMETERY. 

(Soldiers'   Lot.) 

This  reservation  is  known  as  Lot  No.  689,  Section  A,  in  Prospect 
Hill  Cemetery.  It  is  situated  about  one-fourth  of  a  mile  north  of  the 
borough  of  York,  on  the  west  side  of  the  Harrisburg  Turnpike  road, 
in  York  County. 

The  title  is  evidenced  by  a  certificate  issued  under  the  seal  of  the 
Trustees  of  the  Prospect  Hill  Cemetery,  signed  by  William  A.  Wilt, 
President,  and  W.  Butzel,  Secretary,  a  copy  of  which  is  on  file  in  the 
office  of  the  Judge-Advocate-General  at  Washington,  D.  C. 

PHILIPPINE   ISLANDS. 

BATAN    ISLAND. 

This  reservation  contains  an  area  of  about  25  square  miles,  and  is 
situated  on  Batan  Island,  which  lies  off  the  coast  of  Luzon,  at  longi- 
tude 124°  east,  and  between  13°  10'  and  13°  20'  north  latitude. 

It  was  reserved  from  the  public  lands  by  Executive  Order,  dated 
March  10,  1906,  made  pursuant  to  Section  12  of  the  Act  of  Congress, 
approved  July  1,  1902  (32  Stat.  L.,  691).  (G.  O.  No.  60,  War  Dept., 
March  23,  1906.) 

By  Executive  Order  of  August  14,  1908  (G.  O.  142,  W.  D.,  Sep- 
tember 1,  1908),  all  submerged  areas,  reefs,  and  rocks  within  1,000 
yards  of  the  shore  and  fronting  this  reservation,  were  added  thereto. 

By  Executive  Order  of  July  1,  1909  (G.  O.  145,  W.  D.,  July  16, 
1909),  Mango  Island  and  Nagtagan  Islands,  lying  in  Cacraray  Pass 
between  Batan  and  Cacraray  Islands,  were  added  to  the  military  res- 
ervations on  Batan  and  Cacraray  Islands. 

BILIRAN   ISLAND. 

This  reservation  contains  an  area  of  6,632.3  hectares,  more  or  less, 
and  is  situated  on  the  Island  of  Biliran,  Philippine  Islands.  Pur- 


324  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

suant  to  Section  12  of  the  Act  of  Congress  of  July  1,  1902  (32  Stat, 
L.,  691),  it  was  reserved,  subject  to  private  rights,  by  Executive  Or- 
der of  May  13,  1908.  (G.  O.  92,  W.  D.,  May  26,  1908.) 


BONGAO. 

This  reservation  comprises  all  the  public  lands  on  the  entire  island 
of  Bongao,  situated  in  the  western  part  of  the  Tawi-Tawi  group. 
Pursuant  to  Section  12,  of  Act  of  Congress,  approved  July  1,  1902, 
(32  Statutes  at  Large,  691),  it  was  reserved  for  military  purposes, 
subject  to  private  rights,  by  Executive  Order,  dated  September  1, 
1903.  (G.  O.  No.  34,  War  Dept,  Oct.  13,  1903.) 

CACRARAY. 

This  reservation  contains  an  area  of  about  550  acres  (about  222.58 
hectares),  and  is  situated  in  the  Island  of  Cacraray,  Allmy  Province. 

It  was  reserved  from  the  public  lands,  pursuant  to  Section  12  of 
the  Act  of  Congress,  approved  July  1,  1902  (32  Stat.  L.,  691),  by 
Executive  Order,  dated  March  10,  1906.  (G.  O.  No.  60,  War  Dept., 
March  23,  1906.) 

By  Executive  Order  of  August  14,  1908  (G.  O.  142,  W.  D.,  Sep- 
tember 1,  1908),  all  submerged  areas,  reefs,  and  rocks  within  1,000 
yards  of  the  shore  and  fronting  this  reservation,  were  added  thereto. 

For  Mango  and  Nagtagan  Islands,  see  Batan. 

CAMP  BUMPUS. 

This  reservation  is  situated  at  Tacloban,  island  of  Leyte.  Pur- 
suant to  Section  12,  of  Act  of  Congress,  approved  July  1,  1902,  (32 
Statutes  at  Large,  691),  it  was  reserved  for  military  purposes,  sub- 
ject to  private  rights,  by  Executive  Order,  dated  September  1,  1903. 
(G.  O.  No.  34,  War  Dept.,  Oct.  13,  1903.) 

This  reservation  is  nearly  covered  by  private  claims. 

CAMP  CONNELL. 

This  reservation  contains  an  area  of  316.75  acres  (about  128.19 
hectares),  with  metes  and  bounds  as  announced  in  G.  O.  201,  W.  D., 
September  27,  1907.  It  is  situated  near  Calbayog,  Island  of  Samar. 
Pursuant  to  Section  12  of  the  Act  of  Congress,  approved  July  1, 
1902  (32  Stat.  L.,  691),  it  was  reserved  for  military  purposes,  sub- 
ject to  private  rights,  by  Executive  Order,  dated  September  1,  1903. 
(G.  O.  34,  W.  D.,  Oct.  13,  1903.) 

CAMP  DOWNES. 

This  reservation  contains  an  approximate  area  of  119.8  acres  (about 
48.48  hectares),  with  metes  and  bounds  as  described  in  G.  O.  93, 
W.  D.,  April  18,  1907.  It  is  situated  at  Ormoc,  Island  of  Leyte. 
Pursuant  to  Section  12  of  the  Act  of  Congress,  approved  July  1,  1902 


PHILIPPINE   ISLANDS.  325 

(32  Stat.  L.,  691),  it  was  reserved  for  military  purposes,  subject  to 
private  rights,  by  Executive  Order  dated  September  1,  1903.  (G.  O. 
93,  W.  D.,  April  18,  1907.) 

Transfer  Certificates  of  title,  numbers  10  and  11,  covering  about 
19.736  hectares  (48.77  acres),  comprised  within  the  area  reserved,  and 
acquired  from  Pablo  Tan.  Original  certificates  on  file  in  the  Office 
of  the  Kegistrar  of  Titles,  Tacloban,  Leyte,  P.  I. 

CAMP  ELDRIDGE. 

This  reservation  is  situated  at  Los  Banos,  Province  of  Laguna, 
Island  of  Luzon.  Pursuant  to  Section  12,  of  Act  of  Congress,  ap- 
proved July  1,  1902  (32  Stat.  L.,  691),  a  tract  of  68.35  acres  was  re- 
served for  military  purposes,  subject  to  private  rights,  by  Executive 
Order,  dated  September  1,  1903.  (G.  O.  No.  34,  War  Dept,  Oct.  13, 
1903.) 

Private  tracts  within  the  reservation  have  been  acquired  as  follows : 

Transfer  certificate  No.  7,  dated  July  3,  1908,  covering  the  purchase 
of  3,074.95  square  meters,  from  W.  H.  Steinman. 

Transfer  certificate  No.  9,  dated  July  27,  1908,  covering  the  pur- 
chase of  11,410  square  meters  from  Don.  Nicacio  Villegas. 

By  Executive  Order,  dated  December  6,  1904  (G.  O.  No.  188,  War 
Dept.,  December  14,  1904),  the  former  order  was  modified  so  as  to 
reserve,  subject  to  the  rights  specified  therein,  a  large  additional 
tract  of  public  land.  Area  not  given. 

CAMP   GREGG. 

This  reservation  contains  an  area  of  791.27  acres  (about  320.22 
hectares),  and  is  situated  at  Bayambang,  Province  of  Pangasinan, 
Island  of  Luzon.  Pursuant  to  Section  12  of  Act  of  Congress,  ap- 
proved July  1,  1902  (32  Statutes  at  Large,  691),  it  was  reserved  for 
military  purposes,  subject  to  private  rights,  by  Executive  Order, 
dated  September  1, 1903.  (G.  O.  No.  34,  War  Dept.,  Oct.  13,  1903.) 

CAMP  JOHN  HAY. 

This  reservation  contains  an  area  of  about  1,433  acres  (about 
579.92  hectares),  and  is  situated  at  Baguio,  Province  of  Benguet, 
Island  of  Luzon.  Pursuant  to  Section  12,  of  Act  of  Congress,  ap- 
proved July  1,  1902  (32  Statutes  at  Large,  691),  a  tract  of  535.63 
acres  wTas  reserved  for  military  purposes,  subject  to  private  rights, 
by  Executive  Order,  dated  October  11,  1903.  (G.  O.  No.  48,  War 
Dept.,  Nov.  3,  1903.)  By  Executive  Order  of  January  23,  1907,  the 
reservation  was  enlarged  to  include  the  present  area.  (G.  O.  No.  22, 
War  Dept.,  January  30,  1907.) 

CAMP  JOSSMAN. 

This  reservation  comprises  three  tracts  near  the  town  of  Buena 
Vista,  island  of  Guimaras,  aggregating  1,846.9213  hectares,  with 
metes  and  bounds  as  given  in  G.  O.  No.  240,  W.  D.,  December  2,  1909. 


326  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

Pursuant  to  Section  12  of  Act  of  Congress,  approved  July  1,  1902 
(32  Statutes  at  Large,  691),  it  was  reserved  for  military  purposes, 
subject  to  private  rights,  by  Executive  Orders,  dated  September  1, 
1903  (G.  O.  No.  34,  War  Dept,  Oct.  13,  1903),  and  November  22, 
1909  (G.  O.  No.  240,  W.  D.,  December  2,  1909). 

CAMP    KEITHLEY. 

This  reservation,  formerly  called  "  Camp  Marahui,"  is  situated  on 
the  Island  of  Mindanao,  and  contains  approximately  17,076  acres 
(about  6,910.45  hectares),  with  metes  and  bounds  as  given  in  G.  O. 
205,  W.  D.,  October  3,  1907. 

Pursuant  to  Section  12  of  the  Act  of  Congress,  approved  July  1, 
1902  (32  Stat.  L.,  691),  a  tract  of  about  2,388  acres  was  reserved, 
subject  to  private  rights,  by  Executive  Order,  dated  January  19, 
1905  (G.  O.  12,  W.  D.,  January  28,  1905)  ;  and  by  Executive  Order, 
dated  September  26,  1907  (G.  O.  205,  W.  D.,  October  3,  1907),  the 
reservation  was  modified  so  as  to  reserve,  subject  to  private  rights, 
all  lands  within  the  present  limits. 

CAMP   McGRATH. 

This  reservation  contains  an  area  of  175  acres  (about  70.82  hec- 
tares) ,  in  Batangas  Province,  Island  of  Luzon.  Pursuant  to  Section 
12  of  Act  of  Congress,  approved  July  1,  1902  (32  Statutes  at  Large, 
691),  it  was  reserved  for  military  purposes,  subject  to  private  rights, 
by  Executive  Order,  dated  September  1,  1903.  (G.  O.  No.  34,  W. 
Dept.,  Oct.  13,  1903.) 

CAMP  OVERTON. 

This  reservation  is  situated  at  Nonucan,  about  3  miles  west  of 
Iligan,  Province  of  Misamis,  Island  of  Mindanao.  By  Executive 
Order,  dated  July  11,  1903  (G.  O.  112,  A.  G.  O.,  July  31,  1903),  a 
tract  of  land  was  reserved,  subject  to  private  rights;  and  by  Execu- 
tive Order  of  December  1,  1908  (G.  O.  200,  W.  D.,  December  10, 
1908),  the  reservation  was  enlarged  by  the  addition  thereto  of  land 
for  a  target  range.  The  metes  and  bounds  are  given  in  the  last- 
mentioned  order. 

CAMP  STOTSENBERG. 

This  reservation  contains  an  area  of  61,110  hectares  (about  151,005.5 
acres),  and  is  situated  near  Angeles,  Province  of  Pampanga,  Island 
of  Luzon.  Pursuant  to  Section  12  of  Act  of  Congress,  approved  July 
1,  1902  (32  Stat.  L.,  691),  a  tract  of  3,103.47  hectares  (about  7,668.8 
acres)  was  reserved  for  military  purposes,  subject  to  private  rights, 
by  Executive  Order  dated  September  1,  1903  (G.  O.  34,  W.  D., 
October  13, 1903).  The  reservation  was  enlarged  by  Executive  Order 
of  April  30,  1908  (G.  O.  88,  W.  D.,  May  18,  1908),  by  the  reservation, 
subject  to  private  rights,  of  an  additional  tract  comprising,  exclusive 
of  excepted  parcels,  an  area  of  58,006.5  hectares  (about  143,336.7 
acres) . 

CAMP  WALLACE. 

This  reservation  contains  an  area  of  481  acres  (about  194.65  hec- 
tares), and  is  situated  near  San  Fernando,  Province  of  Union,  Island 


PHILIPPINE  ISLANDS.  327 

of  Luzon.  Pursuant  to  Section  12,  of  Act  of  Congress,  approved 
July  1,  1902  (32  Statutes  at  Large,  691),  it  was  reserved  for  military 
purposes,  subject  to  private  rights,  by  Executive  Order,  dated  Sep- 
tember 1,  1903.  (G.  O.  No.  34,  War  Dept.,  Oct.  13,  1903.) 


CAMP  WILHELM. 

This  reservation  comprises  an  area  of  153.33  acres  (about  62.05 
hectares),  and  is  situated  at  Lucena,  Province  of  Tayabas,  Island  of 
Luzon.  Pursuant  to  Section  12  of  the  Act  of  Congress,  approved 
July  1,  1902  (32  Stat.  L.,  691),  it  was  reserved  for  military  purposes, 
subject  to  private  rights,  by  Executive  Order,  dated  September  1, 
1903  (G.  O.  34,  W.  D.,  October  13,  1903). 

The  entire  reservation  is  understood  to  be  private  property,  and  is 
under  lease  to  the  War  Department,  renewable  annually. 

DARAGA. 

This  reservation,  composed  of  two  parts:  (1)  the  Main  Reserva- 
tion, containing  an  area  of  308.508  acres,  more  or  less;  and  (2)  a 
detached  portion,  containing  an  area  of  10.314  acres,  more  or  less 
(total  area,  approximately  318.822  acres  or  129.02  hectares),  is  sit- 
uated near  Daraga,  Albay  Province. 

Pursuant  to  Section  12  of  the  Act  of  Congress^  approved  July  1, 
1902  (32  Stat.  L.,  691),  it  was  reserved  from  the  public  lands  by 
Executive  Order,  dated  November  10,  1904.  (G.  O.  No.  177,  War 
Dept.,  November  21,  1904.) 

FORT  DRUM.     (See  Manila  Bay.) 

FORT  FRANK.     (See  Manila  Bay.) 

JOLO. 

These  reservations  contain  an  aggregate  area  of  about  426.5  acres 
(about  172.60  hectares),  and  are  situated  at  Jolo,  island  of  Jolo. 
They  were  made  by  the  following  orders,  viz : 

1.  Executive  Order  of  November  10,  1904   (G.  O.  No.  177,  War 
Dept.,  November  21,  1904)  : 

a.  Main  reservation,  containing  339.7  acres,  and 

b.  Fort  Asturias  (Princesa  de  Asturias),  containing  58.42  acres. 

2.  Executive  Order  of  May  17,  1905   (G.  O.  No.  76,  War  Dept., 
May  25,  1905)  : 

a.  Tract  "A",  addition  to  main  reservation,  containing  about  15.8 
acres ; 

b.  Tract  "  B  ",  same,  containing  about  5.25  acres ; 

c.  Tract  "  C  ",  containing  about  5.68  acres ; 

d.  Tract  "D"  (Post  Hospital)  ;  area  26,715  square  feet; 

e.  Tract  "  E  "  (Officers'  Club  Building)  ;  area  18,972  sq.  ft. 

f.  Tract  "F"  (Ice  Plant)  ;  area  7,941.24  square  feet; 

g.  Tract  "G"  (Quartermaster  Shop  and  Blacksmith  Shop)  ;  area 
3,888.9  square  feet ; 

h.  Tract  "H"  (Boat  House)  ;  area  4,044.3  square  feet; 
i.   Tract  "I"  (Blockhouse)  ;  area  6,289.84  square  feet. 


328  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

The  following  tracts  in  the  municipality  of  Jolo  were  acquired 
as  addition  to  the  reservation : 

1.  A  parcel  of  432.91  square  hectares,  under  Transfer  Certificate 
No.  19,  dated  December  13, 1906,  Office  of  Register  of  Moro  Province ; 
purchased  from  Leopoldo  Canizares  Tiana. 

2.  A  parcel  of  344.95  square  meters,  with  buildings  thereon,  under 
Transfer  Certificate  No.  24,  dated  January  29,  1909,  Office  of  Register 
of  Moro  Province;  acquired  from  same  person. 

Certain  tracts  situated  within  the  limits  of  the  lands  reserved  for 
military  purposes  were  acquired  from  private  claimants,  as  follows: 

1.  A  tract  of  about  15  acres  (7.8132  hectares),  under  Transfer  Cer- 
tificate No.  21,  dated  January  10,  1907;  purchased  from  Eduardo 
Schuck. 

2.  A  tract  of  about  4.901  hectares,  situated  within  the  limits  of 
Fort  Asturias,  supra,  by  Transfer  Certificate  No.  23,  dated  January 
14,    1907;    purchased    from    Clara    Atilana   Asing,   widow,    and    as 
guardian. 

FORT  HUGHES.     (/See  Manila  Bay.) 

MALABANG. 

This  reservation  is  situated  at  Malabang,  Province  of  Cotabato,  on 
Illana  Bay,  Island  of  Mindanao.  It  was  reserved  for  military  pur- 
poses from  the  public  domain  by  Executive  Order,  dated  May  29, 
1903  (G.  O.  No.  86,  Headquarters  of  the  Army,  A.  G.  O.,  June  19, 
1903),  and  contained  an  area  of  about  2800  acres.  The  description  of 
the  said  reservation  was  amended  by  Order  of  December  22,  1904 
(G.  O.  No.  193,  War  Dept.,  December  22,  1904)  ;  and  by  Executive 
Order  of  July  21,  1906  (G.  O.  No.  138,  War  Dept.,  July  30,  1906), 
was  modified  so  as  to  exclude  certain  premises  for  the  municipality 
of  Malabang.  Area  of  the  premises  so  excluded  not  given. 

MANILA. 

The  following  reservations  at  the  city  of  Manila,  Luzon,  were  made 
by  Executive  Order,  dated  May  17,  1905  (G.  O.  No.  77,  War  Dept., 
May  27,  1905),  pursuant  to  the  provisions  of  Section  12  of  Act  of 
Congress,  approved  July  1,  1902  (32  Stat.  L.,  691)  : 

1.  The  Cuartel  Meisic,  in  three  parcels,  as  follows : 

a.  Parcel  1 ;  area  about  5.935  acres. 

b.  Parcel  2 ;  area  about  0.337  acre. 

c.  Parcel  3;  area  about  0.885  acre; 

2.  The  Estado  Mayor ;  area  about  2.565  acres. 

3.  Malate  Barracks  (Cuartel  Malate)  ;  two  parcels: 

a.  Parcel  "A";  area  about  3.126  acres; 

b.  Parcel  "  B  " ;  area  about  4.197  acres.     Modified  by  Executive 

Order  of  November  2,  1908  (G.  O.  181,  W.  D.,  November  16, 
1908)  so  as  to  include  19,387.19  square  meters. 

4.  Fort  Santiago   (including  the  lands  reserved  for  an  ordnance 
depot  by  Executive  Order  of  June  29,  1904   (G.  O.  No.  125,  War 
Dept,,  July  20,  1904),  comprising  an  area  of  11.696  acres. 


PHILIPPINE  ISLANDS.  329 

5.  By  Executive  Order,  dated  August  29,  1905  (G.  O.  No.  184,  War 
Dept.,  November  2,  1905),  certain  parcels  of  reclaimed  harbor  land  at 
the  city  of  Manila,  Luzon,  were  reserved  for  military  purposes,  pur- 
suant to  section  12  of  the  Act  of  Congress,  approved  July  1,  1902  (32 
Stat.  L.,  691),  as  follows: 

Parcel  "  D  ", 

Parcels  "A"  and  "  C  "  and  included  strip  of  land ; 

Parcel  "  B  "  and  adjacent  tracts.     Areas  not  given. 

MANILA  BAY. 

These  reservations  consist  of — (1)  the  Mariveles  reservation  on  the 
north  side  of  the  entrance  to  Manila  Bay;  (2)  the  Calumpan  Point 
reservation  on  the  south  side  of  said  entrance;  and  (3)  a  number  of 
islands  and  detached  rocks  lying  between  the  twro.  Being  a  part  of 
the  public  domain,  they  were  set  apart  and  reserved  for  military  pur- 
poses by  Executive  Order,  dated  April  11,  1902  (G.  O.  No.  38,  Head- 
quarters of  the  Army,  A.  G.  O.,  April  17,  1902).  The  areas  orig- 
inallv  reserved  (aggregating  about  180  square  miles)  were  reduced 
by  Executive  Order  of  March  14,  1904  (G.  O.  No.  56,  War  Dept., 
March  25,  1904),  so  as  to  reserve  under  Section  12  of  the  Act  of  Con- 
gress, approved  July  1,  1902  (32  Stat.  L.,  691),  the  following  lands: 

1.  Mariveles  Reservation;  area  6,173  acres,  more  or  less. 

(By  Executive  Order  of  June  7,  1907  (G.  O.  135,  W.  D.,  June 
18,  1907),  this  reservation  was  modified  so  as  to  exclude 
therefrom  a  small  parcel  claimed  by  the  Manila  Navigation 
Company.) 

2.  Calumpan  Point  Reservation;  area  5,260  acres,  more  or  less; 

3.  The  Islands  of- 

Corregidor  (Fort  Mills},  area  1,734.74  acres; 
(A  tract  of  land  within  this  reservation,  having  an  area  of 
14,154  square  meters,  was  purchased  from  Felicinao  Basa 
and  wife,  and  is  covered  by  Transfer  Certificate  No.  6,  dated 
August  28,  1907). 

Pulo  Caballo  (Fort  Hughes},  area  75.45  acres; 
Carabao  (Fort  Frank},  area  44.5  acres; 
La  Monja,  area  1.6  acres; 
El  Fraile  (Fort  Drum},  area  0.80  acre; 

Sta.  Amalia  (off  northwest  coast  of  Corregidor)  0.47  acre,  and 
Rock   (off  southeast  point  of  Corregidor  and  north  of  Pulo 

Caballo)  0.475  acre. 

A  survey  having  been  made  of  the  Mariveles  reservation,  its  area 
(as  given  above)  together  with  a  description  by  metes  and  bounds; 
and  the  area  of  the  islands  composing  reservation  No.  3,  supra,  as 
indicated,  were  published  in  G.  O.  No.  147,  War  Dept.,  September  8, 
1904. 

FORT  MILLS.     (See  Manila  Bay.) 
f 

PARANG. 

This  reservation  contains  an  area  of  about  2,572.2  hectares,  or  6,356 
acres;  with  metes  and  bounds  as  given  in  G.  O.  68,  W.  D.,  April  10, 
1909.  Pursuant  to  Section  12  of  the  Act  of  Congress,  approved 


330  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

July  1,  1902  (32  Stat.  L.,  691),  an  area  of  about  1,159  acres  was  re- 
served for  military  purposes  by  Executive  Order,  dated  February 
15,  1904  (G.  O.  43,  W.  D.,  March  4,  1904).  The  reservation  was 
enlarged  to  the  present  area,  subject  to  private  rights,  by  Executive 
Order  of  March  30,  1909  (G.  O.  68,  W.  D.,  April  10,  1909). 

Transfer  Certificate  of  title,  No.  18,  dated  June  13,  1907,  covering 
about  1,600  square  meters,  acquired  from  Eugenio  Gepte.  Original 
certificate  on  file  in  the  Office  of  the  Registrar  of  Titles,  Moro  Prov- 
ince, P.  I. 


PASAY. 


This  reservation,  having  an  area  of  about  96.643  acres,  is  situated 
at  Pasay,  Rizal  Province,  Luzon. 

It  was  reserved  for  military  purposes,  subject  to  private  rights, 
from  the  public  lands  by  Executive  Order,  dated  June  20,  1904,  pur- 
suant to  the  provisions  of  Section  12  of  Act  of  Congress,  approved 
July  1,  1902  (32  Stat.  L.,  691).  (G.  O.  No.  116,  War  Dept.,  June  27, 
1904.) 

FORT  SAN  PEDRO. 

This  reservation  is  situated  near  Iloilo,  Island  of  Panay.  Pursuant 
to  Section  12,  Act  of  Congress,  approved  July  1,  1902  (32  Stat.  L., 
691),  it  was  reserved  for  military  purposes,  subject  to  private  rights, 
by  Executive  Order,  dated  October  11,  1903  (G.  O.  No.  43,  War 
Department,  October  27,  1903)  ;  modified  by  Executive  Order  of 
September  18,  1905  (G.  O.  No.  161,  War  Dept.,  September  30,  1905), 
and  further  modified,  so  as  to  exclude  therefrom  the  parcel  of  land 
reserved  for  light-house  purposes  by  order  of  the  Civil  Governor  of 
the  Philippine  Islands,  dated  July  28,  1903  (Executive  Order,  No. 
60,  Manila,  July  28,  1903),  and  erroneously  included  therein,  by  Ex- 
ecutive Order  of  .October  3,  1906  (G.  O.  No.  173,  War  Dept.,  October 
12,  1906). 

The  following  lands  within  the  reservation  were  acquired  from 
private  parties : 

1.  A  tract  of  6400  square  meters,  under  Transfer  Certificate  No.  45, 
Office  of  the  Register,  Province  of  Iloilo,  on  the  northeast  side  of 
Calle  Rosario. 

2.  A  tract  of  6480  square  meters,  under  Transfer  Certificate  No.  46, 
Office  of  the  Register,  Province  of  Iloilo,  on  the  southwest  side  of 
Calle  Rosario. 

3.  Transfer  certificate  No.  49,  dated  January  4,   1908,  covering 
three   parcels,   together   comprising   one   tract,    containing    1,085.70 
square  meters;  situated  at  the  southeast  corner  of  Duran  and  Rosario 
streets. 

SIASSI. 

This  site  consists  of  a  military  reservation,  a  right  of  way  for  a  pipe 
line,  100  feet  wide  and  9,811  feet  long,  and  a  reservation  for  a  water- 
shed. It  is  situated  at  Siassi,  Island  of  Siassi,  one  of  the  Tapul 
Group.  A  part  of  the  public  domain,  it  was  set  apart  for  military 
purposes  by  Executive  Order,  dated  September  22,  1903.  (G.  O. 
No.  31,  War  Dept.,  Oct.  9,  1903.) 


PHILIPPINE   ISLANDS.  331 

SUBIG     BAY. 

By  Executive  Order,  dated  May  1,  1905  (G.  O.  No.  73,  War  Dept., 
May  19,  1905),  pursuant  to  Section  12  of  Act  of  Congress,  approved 
July  1,  1902  (32  Stat.  L.,  691),  the  following  reservations  for  mili- 
tary purposes,  subject  to  private  rights,  were  made  from  the  public 
lands  in  the  Island  of  Luzon : 

1.  Reservation  on  the  east  side  of  the  entrance  to  Subig  Bay,  in  the 
Province  of  Bataan;  area  7,593.057  acres; 

2.  Reservation  on  the  west  side  of  the  entrance  to  Subig  Bay,  in  the 
Province  of  Zambales ;  area  8,754.66  acres  ; 

3.  Grande  Island  (Fort  Wint) ,  at  the  entrance  to  Subig  Bay,  and 
lying  between  the  two  preceding  reservations ;  area  about  95  acres. 

The  military  reservation  at  Grande  Island  was  enlarged  by  Execu- 
tive Order  of  March  30,  1907  (G.  O.  81,  W.  D.,  April  9,  1907),  so  as 
to  include  outlying  rocks,  shoals,  and  islands  within  one  mile  of  the 
lowT-water  line. 

WARWICK    BARRACKS. 

This  reservation  comprises  two  tracts  at  Cebu,  Island  of  Cebu, 
embracing  the  fort  at  that  place,  and  the  Cuartel  de  Infanteria  and 
the  corral,  with  metes  and  bounds  as  announced  in  G.  O.  160,  W.  D., 
August  2,  1909. 

Pursuant  to  Section  12  of  the  Act  of  Congress,  approved  July  1, 

1902  (32  Stat.  L.,  691),  it  was  reserved  for  military  purposes,  subject 
to  private  rights,  by  Executive  Order,  dated  September  1,  1903  (G.  O. 
34,  W.  D.,  October  13,  1903). 

Under  orders  of  the  Navy  Department,  dated  April  24,  1905,  and 
May  3,  1905,  the  custody  and  control  of  the  naval  reservation  at 
Cebu,  Island  of  Cebu,  declared  by  Executive  Order,  dated  June  19, 

1903  (G.  O.  No.  132,  Navy  Department,  June  24,  1903),  was,  on  July 
5,  1905,  formally  transferred  to  the  War  Department  for  military 
purposes  (excepting  the  present  site  of  the  Navy  coal  pile).    Land, 
so  acquired,  announced  as  an  addition  to  the  fort  reservation  by 
G.  O.  No.  157,  War  Dept.,  Sept.  22,  1905. 

FORT   WILLIAM   McKINLEY. 

This  reservation  contains  an  area  of  3255.47  hectares,  or  8044.77 
acres ;  and  is  situated  southeast  of  the  City  of  Manila,  near  the  town 
of  Guadaloupe,  in  the  Province  of  Rizal.  The  title  is  as  follows: 

1.  Deed  from  Jose  Clavet  to  the  United  States,  dated  August  5, 
1902,  conveying  728.72  hectares,  or  1801.07  acres.     The  original  deed 
is  numbered  4'o  of  the  protocol  of  the  public  instruments,  in  Notary's 
Office  of  Enrique  Barrera  y  Caldes,  a  Notary  Public  of  the  city  of 
Manila,  for  the  year  1902. 

2.  Quitclaim  deed,  1902,  from  Juana  Maysilang,  et  al.  (164  signa- 
tures) ,  to  premises  covered  by  Clavet  conveyance,  supra. 

3.  A  tract  of  land,  formerly  known  as  the  "  Hacienda  of  Nari- 
caban,"   composed   of  4   parcels,   aggregating   2526.75   hectares,   or 
6243.7  acres,  was  purchased  in  1906  from  Da.  Dolores  Pascual  Casal 

Ochoa,  and  is  covered  by  Transfer  Certificate,  No.  192,  dated  Octo- 
er  1,  1906,  Office  of  Registrar,  Province  of  Rizal. 


332  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

Revocable  Licenses:  License,  dated  December  5,  1906,  to  Chas.  M. 
Swift  for  electric  railwa}^  across. 

License,  December  29,  1909,  to  International  Committee  of  Young 
Men's  Christian  Associations  to  maintain  a  building  (already  erected). 

FORT  WINT.     (See  Subig  Bay.) 

ZAMBOANGA. 

This  reservation,  containing  an  area  of  131.3  acres,  is  situated  at 
Zamboanga,  Mindanao. 

It  was  reserved  for  military  purposes,  subject  to  private  rights, 
pursuant  to  Section  12  of  Act  of  Congress,  approved  July  1,  1902 
(32  Stat.  L.,  G91),  by  Executive  Order  of  June  20,  1904  (G.  O.  No. 
116,  War  Dept.,  June  27,  1904)  ;  and  modified  by  Executive  Order, 
dated  May  IT,  1905  (G.  O.  No.  76,  War  Dept.,  May  25,  1905.) 

1.  Transfer  Certificate  No.  22,  dated  June  4,  1907,  covers  a  parcel 
containing  1225.58  square  meters  within  the  reservation ;  acquired  by 
deed  of  Vincente  Apilano,  as  administrator.     Office  of  Registrar, 
Moro  Province. 

2.  Transfer  Certificate  No.  20,  dated  June  7,  1904,  covers  a  parcel 
containing  594.01  square  meters ;  acquired  from  the  Army  and  Navy 
Club.     Office  of  Registrar,  Moro  Province. 

ZAMBOANGA    TARGET    RANGE. 

This  reservation,  contains  an  area  of  37.85  hectares,  and  is  situated 
at  the  western  or  furthermost  end  of  the  "  Mesa,"  near  Zamboanga, 
Mindanao. 

It  was  reserved,  for  the  purposes  of  a  target  range  for  the  post  of 
Zamboanga,  by  Executive  Order  of  November  14,  1905,  pursuant  to 
Section  12  of  the  Act  of  Congress,  approved  July  1,  1902  (32  Stat. 
L.,  691).  (G.  O.  No.  196,  War  Dept.,  November  21,  1905.) 

PORTO   RICO. 

AN  ACT  authorizing  the  Governor  of  Porto  Rico  to  convey  certain  lands  to  the 
United  States  for  naval,  military  and  other  public  purposes. 

""Be  it  enacted  by  the  Legislative  Assembly  of  Porto  Rico: 
"  SECTION  1.  Tnaf  tne  Governor  of  Porto  Rico  be  and  he  is  hereby 
authorized  in  his  discretion  and  in  the  name  of  the  People  of  Porto 
Rico  to  convey  to  the  United  States  for  naval,  military  or  other  public 
purposes  all  the  right  title  and  interest  of  the  People  of  Porto  Rico  or 
of  any  municipality,  thereof  in  and  to  all  public  lands  in  the  Island  of 
Culebra,  together  with  the  shores  thereof  and  any  public  buildings 
thereon,  or  in  and  to  so  much  thereof  as  may  now  or  hereafter  be 
desired  by  the  United  States  for  such  purposes,  and  in  and  to  any  and 
all  roads,  streets  or  highways  or  other  public  property  in  said  Island 
of  Culebra  belonging  to  the  People  of  Porto  Rico  or  to  any  munici- 
pality thereof ;  together  with  all  rights,  easements,  benefits  and  privi- 
leges thereunto  appertaining. 

"  SEC.  2.  That  the  Governor  of  Porto  Rico  be  and  he  is  hereby 
authorized  in  his  discretion  and  in  the  name  of  the  People  of  Porto 


PORTO   EICO.  333 

Kico  to  convey  to  the  United  States  for  naval,  military,  or  other  pub- 
lic purposes  all  the  right,  title  and  interest  of  the  People  of  Porto 
Kico  or  of  the  municipality  of  San  Juan,  in  and  to  any  or  all  public 
lands  in  the  Punt-ilia  in  the  harbor  of  San  Juan,  together  with  the 
shores  thereof  and  any  public  buildings  thereon,  or  in  and  to  so  much 
thereof  as  may  now  or  hereafter  be  desired  by  the  United  States  for 
such  purposes,  and  in  and  to  any  streets  or  highways  or  other  public 
property  therein  belonging  to  the  People  of  Porto  Kico  or  to  the  said 
municipality;  together  with  all  rights,  easements,  benefits  and  privi- 
leges thereunto  appertaining. 

u  SEC.  3.  That  the  United  States  or  any  officer  or  agent  thereof  or 
any  contractor  in  charge  on  behalf  of  the  United  States  of  the  dredg- 
ing of  the  harbor  of  San  Juan  is  hereby  authorized  at  any  time  here- 
after and  until  other  provision  shall  have  been  made  by  the  Legisla- 
tive Assembly  to  use  any  island  in  the  harbor  of  San  Juan  belonging 
to  the  People  of  Porto  Rico  as  a  place  of  deposit  for  the  dredgings 
and  soil  removed  from  said  harbor  or  any  portion  of  the  shores  of 
said  harbor  or  any  portion  of  the  lands  adjacent  thereto  belonging  to 
the  People  of  Porto  Kico  which  in  the  judgment  of  the  Governor, 
may  properly  be  used  as  such  place  of  deposit.  And  in  carrying  out 
any  such  plan  of  improvement  of  said  harbor  the  United  States  or 
any  such  officer,  agent  or  contractor  is  hereby  authorized  to  alter  the 
boundary  lines  of  any  portion  of  the  shores  of  said  harbor  or  of  any 
such  island  or  to  diminish  or  increase  the  area  of  any  such  island  as 
may  be  required  by  such  plans;  Provided,  that  all  lands  reclaimed  by 
making  any  such  deposit  of  dredgings  and  soil  from  the  harbor  shall 
belong  to  the  People  of  Porto  Rico. 

"  SEC.  4.  That  the  Governor  of  Porto  Kico  be  and  he  is  hereby 
authorized  in  the  name  of  the  People  of  Porto  Rico  to  release  any 
interest  or  claim  that  the  People  of  Porto  Kico  may  now  have  or  may 
hereafter  acquire  in  and  upon  any  lands  or  buildings  belonging  to 
the  United  States  in  the  Island  of  Porto  Rico  which  may  be  reserved 
by  the  President  of  the  United  States  for  public  uses  under  and  by 
virtue  of  the  power  vested  in  him  under  the  terms  of  an  act  of  the 
Congress  of  the  United  States  entitled  'An  Act  authorizing  the 
President  to  reserve  public  lands  and  buildings  in  the  Island  of 
Porto  Rico  for  public  uses  and  granting  other  public  lands  and  build- 
ings to  the  government  of  Porto  Rico,  and  for  other  purposes,'* 
approved  July  1,  1902. 

"  SEC.  5.  That  consent  be  and  is  hereby  given  to  the  United  States 
to  acquire  for  naval,  military  or  other  public  purposes,  by  purchase 
or  condemnation  any  lands  within  the  island  of  Porto  Rico,  and  when 
so  acquired  and  possession  thereof  shall  have  been  taken  by  the 
United  States,  all  jurisdiction  over  such  lands  by  the  People  of 
Porto  Rico  shall  cease  and  determine ;  Provided,  however,  that  upon 
the  subsequent  alienation  by  the  United  States  of  any  land  so  acquired 
the  People  of  Porto  Rico  shall  again  have  jurisdiction  thereover. 

"  SEC.  6.  That  exclusive  jurisdiction  be  and  is  hereby  ceded  to  the 
United  States  over  any  and  all  lands  that  may  hereafter  be  acquired 
by  it  in  the  island  of  Porto  Rico  by  purchase  or  condemnation;  and 
over  any  and  all  lands  and  the  shores  thereof,  including  streets  and 
other  public  highways,  conveyed  to  it  by  the  Governor  of  Porto  Rico 
under  the  provisions  hereof;  and  over  any  and  all  lands  in  which  any 
interest  or  claim  of  the  People  of  Porto  Rico  may  hereafter  be  re- 


334  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

leased  to  the  United  States  by  the  Governor  of  Porto  Rico  as  pro- 
vided herein ;  Provided  however,  that  in  and  over  any  lands  acquired 
by,  or  conveyed  under  the  terms  hereof  to  the  United  States,  in  the 
Island  of  Culebra,  the  People  of  Porto  Rico  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  over  offenses  committed  within 
the  limits  of  the  lands  so  conveyed,  such  jurisdiction  however  to  be 
exercised  only  upon  the  complaint  of  the  officer  of  the  navy  or  other 
officer  of  the  United  States  in  charge  thereof. 

"  SEC.  7.  The  Governor  of  Porto  Rico,  in  his  discretion  is  hereby 
authorized  now  or  at  any  time  hereafter  to  revoke  or  modify  any 
license  heretofore  or  hereafter  issued  for  the  sale  of  liquors  or  other 
intoxicating  or  spirituous  beverages,  or  to  revoke  or  modify  any 
license  heretofore  or  hereafter  issued  for  the  sale  of  merchandise  of 
an  objectionable  nature  at  or  near  any  naval  or  military  station  or 
post  now  existing  or  that  hereafter  may  be  established  in  Porto  Rico. 
And  he  is  further  authorized  to  revoke  any  license  heretofore  issued 
or  that  hereafter  may  be  issued  for  the  sale  of  such  liquors  and  bever- 
ages or  of  such  merchandise  within  the  limits  of  any  lands  conveyed 
hereunder  to,  or  acquired  by,  the  United  States. 

"  SEC.  8.  This  act  shall  take  effect  from  and  after  its  approval." 
Approved,  February  IGth,  1903.     (Laws  of  Porto  Rico,  1903,  page 
110.) 

AIBONITO. 

This  reservation  is  situated  just  east  of  the  town  of  Aibonito  where 
the  barracks  stand,  and  was  reserved  by  Executive  Order  of  June  30, 
1903  (G.  O.  No.  97,  A.  G.  O.,  July  7,  1903),  under  Act  of  Congress, 
approved  July  1,  1902  (32  Stat.  L.,  731). 

AGUADILLA. 

This  reservation  is  situated  in  the  northerly  part  of  the  town  of 
Aguadilla,  where  the  fort  and  barracks  stand,  and  was  reserved  by 
Executive  Order  of  June  30,  1903  (G.  O.  No.  97,  A.  G.  O.,  July  7, 
1903),  under  Act  of  Congress,  approved  July  1,  1902  (32  Stat/L., 
731). 

FAJARDO  (ISLANDS  NEAR). 

All  the  lands  comprising  the  islands  of  Palominos  and  the  islands 
known  as  the  Cordilleras,  including  Icacos  and  Lobos  Cays,  lying  near 
Fajardo,  off  the  northeasterly  cape  of  Porto  Rico. 

Reserved  by  Executive  Order  of  June  30,  1903  (G.  O.  No.  97, 
A.  G.  O.,  July  7,  1903),  under  Act  of  Congress,  approved  July  1, 
1902  (32  Stat.  L.,  731). 

HENRY    BARRACKS. 

This  reservation  comprises  an  area  of  about  389  acres,  and  is 
situated  just  east  of  Cayey.  By  Executive  Order  of  June  30,  1903 
(G.  O.  97,  A.  G.  O.,  July  7,  1903),  the  reservation  was  declared  with 
an  area  of  about  15  acres,  under  Act  of  Congress,  approved  July  1, 
1902  (32  Stat.  L.,  731).  The  reservation  as  thus  declared  has  been 


POETO   EICO.  335 

enlarged  by  the  following  additions,  the  metes  and  bounds  of  which 
are  published  in  G.  O.  31,  W.  D.,  February  24,  1905 : 

The  United  States  acquired  by  acts  of  sale,  numbers  141,  142  and 
143,  dated  December  30,  1903,  before  Luis  Munoz  Morales,  a  lawyer 
and  notary  public  in  and  for  the  Island  of  Porto  Rico,  resident  in  the 
town  of  Cayey,  said  acts  being  registered  in  the  Registry  of  Property 
of  Guayama,  the  following  described  tracts  of  land  in  connection 
with  the  military  reservation  of  Henry  Barracks,  Cayey,  Porto  Rico : 

1.  Certain   tracts   of   land,   acquired    from    Francisco   Fernandez 
Navas  and  wife,  Santiago  Lopez  and  wife,  Teresa  Rosset  Flores, 
Maria  Ale  jo  Vasquez,  Isabel  Llera  Vasquez,  Providencia  Perez  Llera 
and  Jose  Perez  Llera,  which  together  form  one  complete  parcel,  con- 
taining about  372  acres,  lying  adjacent  to  the  military  reservation  of 
Henry  Barracks. 

2.  A  parcel  of  land  acquired  from  Modesto  Munitize  Agnirre  and 
wife  containing  about  1.94   acres,  situated  in  the  ward  of  Monte 
Llano,  about  one1  and  one-fourth  miles  from  the  military  reservation 
of  Henry  Barracks;  together  with  the  water  system,  and  franchise 
to  take  water  flowing  through  a  four-inch  pipe  from  Novillos  Creek, 
and  for  pipe  line  leading  therefrom  to  Henry  Barracks ;  reserving  to 
the  grantor,  his  heirs  and  successors,  permanently,  a  supply  through 
a  three- fourths-inch  pipe,  coming  from  the  main  pipe,  for  the  use  of 
his  household  in  said  ward  of  Monte  Llano. 


MAYAGUEZ. 

The  following  reservations  in  the  city  of  Mayaguez  were  made  by 
Executive  Order  of  June  30,  1903  (G.  O.  No.  97,  A.  G.  G.,  July  7, 
1903),  under  Act  of  Congress,  approved  July  1,  1902  (32  Stat.  L., 
731)  : 

1.  Barracks,  including  all  that  piece  or  parcel  of  land  on  which 
the  barracks  building  stands. 

By  War  Department  letters  of  June  7th  and  July  20th,  1904,  this 
reservation  was  transferred  to  the  Department  of  Justice  for  use  of 
the  Federal  Court,  upon  condition  of  its  being  returned  upon  request 
of  the  War  Department.  By  letter  of  October  3,  1904,  consent  was 
given  to  the  use  of  a  portion  of  the  premises  by  the  Government  of 
I^orto  Rico  under  authority  of  the  Department  of  Justice,  for  Insular 
court,  police  and  school  purposes. 

2.  Fort,  including  all  that  piece  or  parcel  of  land  situated  on  the 
"  Little  Point  Algarrobo,"  in  that  part  of  the  city  of  Mayaguez, 
known  as  Mayaguez  Play  a,  and  now  occupied  by  a  small  fort  and 
attending  buildings. 

3.  Military  Hospital,  including  all  that  piece  or  parcel  of  land 
situated  in  the  easterly  part  of  the  city  of  Mayaguez,  near  the  city 
asylum,  formerly  used  as  a  military  hospital. 

Revocable  License,  January  25,  1906,  to  Government  of  Porto  Rico, 
to  occupy  and  use  this  reservation  for  the  purposes  of  a  correctional 
school  and  district  jail.  Certain  minor  changes  in  the  building  were 
authorized  September  18,  1906. 


336  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

SAN    JUAN. 

The  following  reservations  at  San  Juan  on  the  Island  of  San 
Juan  were  made  by  Executive  Order  of  June  30,  1903  (G.  O.  No.  97, 
A.  G.  O.,  July  7,  1903),  pursuant  to  Act  of  Congress,  approved  July 
1,  1902  (32  Stat.  L.,  731)  : 

1.  Main  Reservation,  including  all  that  piece  or  parcel  of  land 
forming  the  westerly  and  northerly  portions  of  the  island  of  San 
Juan,  and  extending  from  the  Marina  to  El  Morro  on  the  west,  and 
from  El  Morro  to  San  Geronimo  on  the  north,  said  tract  of  land 
containing  part  of  the  southerly  wall,  together  with  Casa  Blanca, 
the  Infantry  Barracks,  El  Morro,  Artillery  Park,  San  Cristobal,  San 
Geronimo  and  other  military  lands  and  buildings. 

This  reservation  was  modified  by  Executive  Order,  dated  Novem- 
ber 23,  1903  (G.  O.  No.  60,  War  Dept,  December  10,  1903). 

2.  La  Palma  Bastion,  including  all  that  piece  or  parcel  of  land  in 
he  southerly  part  of  the  city  of  San  Juan  or  San  Juan  Island,  occu- 
pied by  the  Palma  Bastion. 

3.  San  Sebastian  Guardhouse,  including  all  that  piece  or  parcel  of 
land  situated  in  the  northerly  part  of  the  city  of  San  Juan,  or  San 
Juan  Island,  and  known  as  the  San  Sebastian  guardhouse. 

4.  Water  Front — A  piece  or  parcel  of  land  on  the  shore  of  San 
Juan  Bay. 

5.  Santo  Domingo  Barracks,  including  all  that  piece  or  parcel  of 
land  situated  on  San  Juan  Island  in  the  city  of  San  Juan,  and  known 
as  the  Santo  Domingo  Barracks  site,  adjoining  the  church  of  San 
Jose. 

The  following  premises  have  been  acquired  for  use  in  connection 
with  the  reservation  at  San  Juan,  Porto  Rico: 

1.  By  Act  of  Sale,  dated  September  18,  1900,  as  amended  by  Act 
of  Sale,  dated  December  8,  1906,  Ida  A.  Shirmer,  et  vir.,  conveyed  to 
the  United  States  a  parcel  of  land  comprising  about  8092  square 
meters,  with  right  of  way  thereto. 

2.  By  Act  of  Sale,  dated  May  17,  1909,  the  Bishop  of  Porto  Rico 
conveyed  to  the  United  States  all  rights  of  the  Church  of  Porto  Rico 
in  Santo  Domingo  Barracks,  otherwise  called  Santo  Domingo  Con- 
vent; and  to  Ballaja  Barracks   (now  known  as  the  Infantry  Bar- 
racks) ;  the  purchase  of  which  was  authorized  by  Act  of  Congress, 
approved  March  4,  1909  (35  Stat,  L.,  1018). 

Revocable  Licenses:  License,  January  29,  1902,  to  the  New  York 
and  Porto  Rico  Steamship  Company  to  reconstruct  its  wharf,  orig- 
inally constructed  under  license  issued  February  28,  1900. 

License,  dated  Dec.  15,  1904,  to  Navy  Department,  for  a  temporary 
use,  until  required  for  military  purposes,  of  site  for  wireless  tele- 
graph station,  with  right  of  way  thereto. 

License,  August  10,  1909,  to  San  Juan  Light  and  Transit  Company 
to  use  strip  of  land  for  additional  track  for  its  railway. 

SAN    JUAN    HARBOR. 

All  the  Islands  comprising  the  islands  of  Cabras  and  Canuelo, 
lying  at  the  entrance  of  San  Juan  Harbor,  and  the  island  of  Punta 
Salinas,  lying  about  three  statute  miles  westerly  of  said  entrance. 


KHODE   ISLAND.  337 

Reserved  by  Executive  Order  of  June  30,  1903  (G.  O.,  No.  97, 
A.  G.  O.,  July  7,  1903),  pursuant  to  act  of  Congress,  approved  July 
1,  1902  (32  Stat.  L.,  731.) 

RHODE   ISLAND. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  Section  1  of  chapter  330  of  the  Public  Laws  is  hereby 
amended  so  as  to  read  as  follows : 

"  SECTION  1.  The  consent  of  the  state  of  Rhode  Island  is  given  to 
the  purchase  by  the  government  of  the  United  States,  or  under  the 
authority  of  the  same,  of  any.  tract,  piece,  or  parcel  of  land  from  any 
person  within  the  limits  of  the  state  for  the  purpose  of  erecting 
thereon  post  offices,  light  houses,  beacon  lights,  range  lights,  life- 
saving  stations,  and  light-keeper's  dwellings,  and  other  needful  pub- 
lic buildings  connected  therewith,  or  for  the  location,  construction, 
or  prosecution  of  forts,  fortifications,  coast  defences,  and  appurte- 
nances thereto  or  for  the  location  and  maintenance  of  any  cable  lines, 
landing  places,  terminal  stations,  and  other  needful  buildings  con- 
nected therewith  for  weather  bureau  purposes;  and  all  deeds,  con- 
veyances, or  title  papers  for  the  same  shall  be  recorded,  as  in  other 
cases,  upon  the  land  records  of  the  town  in  which  the  land  so  con- 
veyed may  lie;  the  consent  herein  given  being  in  accordance  with  the 
seventeenth  clause  of  the  eighth  section  of  the  first  article  of  the  con- 
stitution of  the  United  States  and  with  the  acts  of  congress  in  such 
cases  made  and  provided." 

"  SECTION  2.  This  act  shall  take  effect  immediately,  and  all  acts 
and  parts  of  acts  inconsistent  herewith  are  hereby  repealed." 

(Passed  March  19,  1903.  Public  Laws  of  R.  I.,  session  of  1903, 
p.  25.) 

FORT  ADAMS. 

This  reservation  contains  an  area  of  135  acres  2  roods  27  rods,  and 
is  situated  on  Brenton's  Point,  or  Neck,  in  Newport  Harbor,  and  at 
the  throat  of  the  middle  of  the  three  entrances  to  Narragansett  Bay. 
It  is  in  Newport  County,  about  3  miles  from  the  city  of  Newport. 
The  title  is  as  follows : 

1.  Deed  from  Susanna  Mumford,  et  al.,  dated  May  2,  1799  con- 
veying 7  acres,  1  rood,  17  rods.     Recorded  in  the  Clerk's  office  at 
Newport  July  17,  1799. 

2.  Deed  from  Susanna  Mumford,  et  al.,  dated  October  23,  1799, 
conveying  3  acres  1  rood  and  30  rods.     Recorded  in  the  Book  of  Land 
Evidence  of  Newport,  No.  7,  since  the  evacuation  by  the  British 
Troops,  pages  278  and  279. 

3.  Deed  from  Susanna  Mumford,  et  al.,  dated  October  30,  1800, 
conveying  10  acres  of  land.     Recorded  in  Book  No.  8,  pages  303  and 
304  of  same  records. 

4.  Deed  from  Benjamin  Waite  Case  and  wife,  dated  June  19,  1824, 
conveying  the  undivided  half  of  29  acres  2  roods  and  1  rod  of  land. 
Recorded  in  Book  No.  16,  page  291,  etc.,  of  same  records. 

16809—10 22 


338  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

5.  Deed  from  Joshua  Peckham  et  al.,  dated  June  19,  1824,  convey- 
ing 22  acres  1  rood  and  19  rods  of  land.     Recorded  in  No.  16,  pages 
285  and  286,  of  same  records. 

6.  Deed  from  Thomas  Sessions  and  wife,  dated  June  21,  1824,  con- 
veying the  undivided  half  of  29  acres  2  roods  and  1  rod  of  land. 
Recorded  in  No.  16,  page  287,  etc.,  of  same  records. 

7.  Deed  from  Audley  Clarke  and  wife,  dated  June  24,  1824,  con- 
veying 63  acres  of  land.     Recorded  in  No.  16,  page  288,  etc.,  of  same 
'records. 

Provision  was  made  for  the  sale  to  the  United  States  with  the  con- 
sent of  the  Governor  of  the  State,  and  jurisdiction  ceded  by  an  act  of 
the  State  legislature  passed  at  the  March  Session,  1794,  and  juris- 
diction also  ceded  by  an  act  passed  at  the  May  Session,  1824,  which 
acts  provide  as  follows: 

"Whereas  the  Congress  of  the  United  States  have  passed  an  act 
for  fortifying  the  port  and  harbor  of  Newport,  and  empowered  the 
President  of  the  United  States  to  receive  from  any  State  (in  behalf 
of  the  United  States)  a  cession  of  the  land  on  which  any  fortifica- 
tion may  stand ;  or,  when  such  cession  shall  not  be  made,  to  purchase 
such  land  in  behalf  of  the  United  States ;  Provided,  that  no  such  pur- 
chase shall  be  made  where  such  land  is  the  property  of  a  State : 

"  SECTION  1.  Be  it  therefore  enacted,  etc.,  That  there  be,  and  is 
hereby,  granted  unto  the  United  States  of  America,  all  the  right, 
title  and  claim  of  this  State  to  the  lands  on  which  the  fortifications 
on  Goat  Island,  in  the  Township  of  Newport,  stand,  together  with 
the  circumjacent  lands,  which  have  been  heretofore  improved  by  the 
State  for  the  purposes  of  defense. 

"  SEC.  2.  And  ~be  it  further  enacted,  That  it  shall  and  may  be  law- 
ful for  the  Town  of  Newport,  or  any  other  town  in  this  State,  or  any 
individual  person  in  this  State,  by  and  with  the  consent  of  his  Ex- 
cellency the  Governor,  to  sell  and  dispose  of  to  the  President  of  the 
United  States,  for  the  use  of  the  United  States,  all  such  lands  as 
shall  be  deemed  necessary  to  erect  fortifications  upon,  for  the  defense 
of  the  Port  and  Harbor  of  Newport,  and  to  execute  deeds  thereof  in 
due  form  of  law ;  and  if  the  town  of  Newport,  or  any  other  town,  or 
any  individual,  shall  not  agree  with  the  person  or  persons  who  may 
be  appointed  by  the  President  of  the  United  States  to  purchase  such 
lands,  or  the  value  thereof,  then  and  in  such  case  his  Excellency,  the 
Governor,  is  hereby  empowered  to  appoint  three  suitable  persons  to 
appraise  the  said  lands,  and  upon  payment  of  the  value  thereof  at 
such  appraisement,  or  upon  the  tender  thereof  being  refused,  the  fee 
and  property  of  such  lands  shall  vest  in  the  United  States. 

"  SEC.  3.  Provided  nevertheless,  and  be  it  further  enacted,  That  all 
civil  and  criminal  processes  issued  under  the  authority  of  this  State, 
or  any  Officer  thereof,  may  be  executed  on  the  lands  which  may  be  so 
ceded,  and  within  the  fortifications  which  may  be  thereon  erected,  in 
the  same  way  and  manner  as  if  such  lands  had  not  been  ceded  TIS 
aforesaid."  (Act  passed  at  the  March  Session,  1794.) 

"Whereas  one  hundred  and  sixteen  acres  and  three  quarters  of  an 
acre  and  twenty  rods  of  land  situate  on  Brentons  neck  adjoining  land 
of  the  United  States  on  which  Fort  Adams  now  stands  have  been 
deemed  necessary  to  be  possessed  by  the  United  States,  for  the  pur- 


RHODE   ISLAND.  339 

pose  of  increasing  the  defense  of  Narragansett  Bay ;  and  whereas  an 
application  has  been  made  by  the  Secretary  of  War  of  the  United 
States  for  and  in  behalf  of  the  United  States  for  the  passage  of  an 
act  ceding  to  the  United  States  the  jurisdiction  thereof: 

"  SECTION  1.  Be  it  therefore  enacted,  etc.,  That  it  shall  and  may  be 
lawful  for  the  proprietors  of  said  one  hundred  and  sixteen  acres  and 
three  quarters  of  an  acre  and  twenty  rods  of  land  (to  wit:  Audley 
Clarke,  Joshua  Peckham  and  Augustus  Peckham,  Thomas  Sessions 
and  Elizabeth  his  wife  and  Benjamin  Waite  Case  and  Sarah  his  wife) 
to  sell  and  convey  to  the  United  States  said  one  hundred  and  sixteen 
acres  and  three  quarters  of  an  acre  and  twenty  rods  of  land." 

"  SEC.  2.  And  be  it  further  enacted,  That  there  be,  and  here  is, 
granted  to  the  United  States  the  jurisdiction  of  said  one  hundred  and 
sixteen  acres  and  three  quarters  of  an  acre  and  twenty  rods  of  land, 
with  the  shores  adjoining  the  same  to  low-water  mark,  which  said 
land  is  to  be  bounded  according  to  the  limits  thereof  designated  in  a 
plat  of  the  same  on  file  in  the  Secretary's  Office,  and  which  was  trans- 
mitted to  his  Excellency  the  Governor  of  this  State  under  cover  of  a 
letter  from  said  Secretary  of  War  dated  May  the  19,  1824,  and  as  the 
same  may  be  described  in  the  deeds  to  be  given  thereof  by  the  owners 
aforesaid:  Provided,  nevertheless,  that  all  civil  and  criminal  process 
issued  under  the  authority  of  this  State  may  be  executed  on  said  land 
or  in  any  tenements  to  be  erected  thereon  in  the  same  way  and  man- 
ner as  if  the  jurisdiction  thereof  had  not  been  ceded  as  aforesaid." 
(Act  passed  at  May  Session,  1824.) 

See  also  General  Act  of  Cession. 

Revocable  Licences:  June  19,  1905,  arid  September  28-,  1906,  to 
Providence  Telephone  Company  to  construct,  operate  and  maintain  a 
telephone  line. 

FORT  GETTY. 

This  reservation  contains  31.6706  acres  and  a  right  of  way,  situated 
on  Fox  Hill,  on  the  western  shore  of  Conanicut  Island,  near  the  town 
of  Jamestown,  in  Newport  County. 

The  title  is  as  follows: 

Deed  from  Benjamin  S.  Cottrell,  dated  Juno  22,  1900,  conveying 
the  above  tract.  Recorded  in  Vol.  13  of  Land  Evidence  of  James- 
town, page  472,  etc. 

The  above  tract  was  obtained  under  condemnation  proceedings  in 
the  Circuit  Court  of  the  United  States  for  the  District  of  Rhode 
Island,  by  decree  rendered  February  19,  1900,  and  filed  in  the  Clerk's 
Office  for  said  Court,  May  14,  1900. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable -License :  License,  April  9,  1902,  to  the  Providence  Tele- 
phone Company  to  construct  and  maintain  a  pole  telephone  line  on 
the  reservation. 

FORT  GREBLE. 

This  reservation  contains  an  area  of  about  80  acres  in  the  main 
reservation  and  24.35  acres  in  reservation  for  water  supply.  The 
main  reservation  is  situated  on  Dutch  Island,  in  the  western  entrance 
to  Narragansett  Bay,  3J  miles  north  of  Beaver  Tail,  4J  miles  due 


340  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

west  from  the  City  of  Newport,  23  miles  south  of  Providence,  and 
midway  between  the  mainland  on  the  west  and  Conanicut  Island 
on  the  east,  in  Newport  County.  The  title  is  as  f ollows : 

Deed  from  J.  H.  Carpenter  and  wife,  dated  January  1,  1864,  con- 
veying all  the  island  called  "  Dutch  Island  "  (except  a  tract  of  about 
6  acres  now  owned  by  the  United  States,  heretofore  conveyed  for 
Light-House),  containing  75  acres  more  or  less.  Recorded  in  James- 
town, Sixth  Book  of  Land  Evidence,  pages  256  and  257,  August  6, 
1866.  Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the 
State  Legislature  passed  January  18,  1865,  which  provided  as 
follows : 

"  SECTION  1.  Jurisdiction  over  all  of  the  lands  at  the  entrance  of 
Narragarisett  Bay,  known  as  Dutch  Island,  purchased  by  the  United 
States  is  hereby  ceded  to  the  United  States:  Provided,  nevertheless, 
That  all  civil  and  criminal  process,  issued  under  the  authority  of  this 
State,  shall  continue  to  run  into  and  be  served  and  executed  in  and 
upon  said  tract  of  land,  and  all  parts  thereof,  in  the  same  manner  as 
if  the  jurisdiction  had  not  been  granted  as  aforesaid." 

2.  Decree  in  condemnation  of  the  United  States  Circuit  Court, 
dated  January  21,  1905,  covering  24.35  acres  near  Dutch  Island,  ac- 
quired for  water  supply.    Recorded  in  book  47,  page  48  of  the  records 
of  town  of  North  Kingston. 

3.  Deed  from  Emma  W.  Casey,  James  Lincoln  Casey  and  Edward 
Pearce  Casey,  dated  March  21,  1907,  conveying  the  same  premises. 
Recorded  in  book  47,  page  47  of  same  records. 

License,  November,  1878,  to  Treasury  Department  to  occupy  2.24 
acres  for  light-house  purposes  as  equivalent  for  light-house  lands 
occupied  by  Battery  A. 

FORT  GREENE. 

This  reservation  contains  an  area  of  20,000  square  feet,  and  is  situ- 
ated in  the  City  of  Newport,  in  the  County  of  Newport,  on  what  is 
called  "Easton's  Point,"  and  embraces  Lots  9,  10,  11  and  12  of  the 
second  division  on  said  Easton's  Point.  The  title  is  as  follows: 

1.  Deed  from  William  V.  King,  dated  August  29,  1799,  conveying 
Lots  11  and  12  above  noted,  subject  to  an  annual  payment  of  3  ounces 
and  12  pennyweights  of  coined  silver.    Recorded  in  the  Book  of  Land 
Evidence  of  Newport,  November  9,  1799,  at  Newport. 

2.  Deed  from  Samuel  King  and  wife,  dated  August  29,  1799,  con- 
veying Lots  9  and  10  above  noted,  subject  to  an  annual  payment  of 
3  ounces  and  12  pennyweights  of  coined  silver.    Recorded  November 
9,  1799,  same  records. 

3.  Deed  from  Richard  Mitchell,  et  al.,  dated  September  6,  1823, 
releasing  all  right  to  reserved  rent,  etc.,  to  above  lots. 

For  jurisdiction  see  act  of  the  State  Legislature,  passed  at  the 
March  Session,  1794,  under  title  of  "  Fort  Adams." 

Pursuant  to  Act  of  Congress  approved  February  23,'  1887,  the  Fort 
Greene  tract  was  granted  by  the  Secretary  of  War  to  the  City  of 
Newport,  July  13,  1891,  for  the  purposes  of  a  public  park,  the  fee, 
however,  remaining  vested  in  the  United  States. 


RHODE   ISLAND.  341 

FORT    MANSFIELD. 

This  reservation  is  situated  on  Napatree  Point,  near  Watch  Hill,  in 
Washington  County,  and  comprises  a  main  reservation  containing 
about  96  acres,  and  a  detached  reservation  of  about  2.1  acres,  with 
right  of  way  connecting  them,  and  connecting  detached  reservation 
with  Bay  Street,  Watch  Hill.  The  title  is  as  follows : 

1.  Deed  from  Henry  B.  Gorham,  dated  June  27,  1898,  conveying 
two  tracts  of  land  therein  described.     Recorded  in  Land  Evidences, 
Records  of  Westerly,  Book  No.  33,  page  292. 

2.  Deed  from  James  N.  Thompson,  et  al.,  dated  April  2G,  1898,  con- 
veying a  tract  of  land  therein  described.    Recorded  in  Book  No.  23, 
page  286,  of  same  records. 

3.  Deed  from  John  B.  Sweeney,  dated  October  26,  1903,  conveying 
a  right  of  way.    Recorded  in  Book  35,  page  300,  of  same  records. 

4.  Deed  from  H.  Hobart  Babcock,  dated  October  26,  1903,  convey- 
ing a  right  of  way.    Recorded  in  Book  35,  page  296,  of  same  records. 

5.  Deed  from  Alice  Brien,  et  vir.,  elated  October  26,  1903,  conveying 
a  right  of  way.    Recorded  in  Book  35,  page  297,  of  same  records. 

6.  Deed  from  Alice  Brien,  et  vir.,  Saclie  Irving,  Mary  C.  Scanlon, 
et  vir.,  Charles  J.  Butler,  ct  ux.,  and  John  W.  Sweeney,  et  ux.,  dated 
July  9,  1909,  amending  conveyances  numbered  3,  4,  and  5,  supra,  so 
that  the  descriptions  therein,  respectively,  shall  conform  to  the  loca- 
tion of  the  roadway  as  constructed.    Recorded  in  Book  39,  page  434. 
of  same  records. 

7.  Deed  from  Frank  Larkin,  et  nx.,  dated  August  7,  1909,  amend- 
ing prior  deed  of  October  27,  1903,  conveying  a  right  of  way.    Re- 
corded in  Book  39,  page  433,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT   PHIL    KEARNEY. 

This  reservation  contains  25  acres  and  is  situated  near  South  Ferry 
in  the  District  of  Narragansett,  in  the  County  of  Washington. 

The  title  is  as  follows : 

Deed  from  Edmund  W.  Davis,  dated  May  23,  1901,  conveying  the 
above  tract.  Recorded  in  the  Book  of  Land  Evidence  of  the  town  of 
Narragansett,  No.  4,  page  60. 

The  above  land  was  acquired  under  condemnation  proceedings  in 
the  Circuit  Court  of  the  United  States  for  the  District  of  Rhode 
Island,  by  decree  rendered  March  2,  1901. 

For  jurisdiction  see  General  Act  of  Cession. 

License,  May  23,  1907,  to  The  Providence  Telephone  Co.  for  tele- 
phone line. 

ROSE   ISLAND. 

This  reservation  contains  an  area  of  20  acres,  and  is  situated  half- 
way between  the  City  of  Newport  and  Conanicut  Island,  in  Narra- 
gansett Bay,  in  Newport  County.  The  title  is  as  follows : 

1.  Deed  from  Hannah  Goddard  et  al.,  dated  August  20,  1799,  con- 
veying six  undivided  eighth  parts  of  Rose  Island,  containing  in  the 
whole  about  20  acres.  Recorded  in  the  Book  of  Land  Evidence  of 
Newport,  August  22,  1799,  at  Newport. 


342  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

2.  Deed  from  Israel  Ambrose,  Guardian,  etc.,  dated  August  20. 
1799,  conveying  one  undivided  eighth  part  of  Kose  Island.    Recorded 
August  22,  1799,  same  records. 

3.  Deed  from  Henry  Goddard  and  wife,  dated  September  23,  1799, 
conveying  one  undivided   eighth  part  of  Rose   Island.     Recorded 
November  11,  1799,  same  records. 

For  jurisdiction,  etc.,  see  act  of  Legislature  passed  at  the  March 
Session,  1794,  under  the  title  of  "  Fort  Adams." 

See  also  General  Act  of  Cession. 

By  letter  of  the  Secretary  of  War,  dated  February  17,  1904,  a  defi- 
nite area  about  the  beacon  light  on  this  reservation  was  set  apart  for 
the  use  of  the  Light-House  Establishment. 

FORT   WETHERILL. 

This  reservation  contains  an  area  of  61.5  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  182,  W.  D.,  November  17,  1908.  It 
is  situated  at  The  Dumplings,  on  the  eastern  shore  of  Cpnanicut 
Island,  near  Jamestown  in  the  County  of  Newport.  The  title  is  as 
follows : 

1.  Deed  from  Ebenezer  Shearman,  dated  November  26,  1799.-    Re- 
corded in  Jamestown  Book  for  Land  Evidence,  No.  4,  pages  88,  89. 
and  90,  at  Jamestown,  May  3,  1800.    For  act  of  Legislature  providing 
for  consent  to  sale  and  ceding  jurisdiction  see  act  passed  March  Ses- 
sion, 1794,  set  out  under  "  Fort  Adams." 

2.  Deed  from  Mary  Dame,  et  al.,  dated  May  11,  1899,  conveying  a 
tract  of  land  and  rights  of  way  therein  described.     Recorded  in  Vol. 
13,  page  350,  of  same  records. 

3.  Deed  from  Benjamin  H.  Shoemaker,  dated  May  5,  1899,  con- 
veying a  tract  of  land  and  rights  of  way  therein  described.     Recorded 
in  Vol.  13,  page  352,  of  same  records. 

4.  Deed  from  William  T.  Richards,  dated  May  29,  1899,  conveying 
a  tract  of  land  and  rights  of  way  therein  described.     Recorded  in 
Vol.  13,  page  347,  etc.,  of  same  records. 

The  above-mentioned  tracts  (2,  3  and  4,)  containing  in  the  aggre- 
gate 23.068  acres,  were  obtained  under  Condemnation  proceedings  in 
the  Circuit  Court  of  the  United  States  for  the  District  of  Rhode 
Island,  by  decree  rendered  September  1,  1898,  and  filed  in  the  Clerk's 
Office  for  said  Court,  June  20,  1899. 

5.  Deed  from  the  Ocean  Highlands  Company,  dated  May  4,  1899, 
conveying  a  tract  of  land  and  rights  of  way  therein  described.     Re- 
corded in  Vol.  13,  page  348,  of  same  records. 

6.  Deed  from  Bettie  A.  Lieber  and  husband,  dated  April  29,  1899, 
conveying  a  tract  of  land  and  rights  of  way  therein  described.     Re- 
corded in  Vol.  13,  page  349,  etc.,  of  same  records. 

The  above  two  tracts  containing  in  the  aggregate  9.354  acres,  were 
obtained  under  condemnation  proceedings  in  the  Circuit  Court  of  the 
United  States  for  the  District  of  Rhode  Island,  by  decree  rendered 
September  3,  1898,  and  filed  in  the  Clerk's  Office  for  said  Court,  June 
20,  1899. 

7.  Deed  from  Mabel  Russel  and  husband,  dated  January  17,  1902, 
conveying  an  undivided  third  of  a  tract  of  land  containing  0.875 
acre.     Recorded  in  Vol.  13,  page  210,  etc.,  of  same  records. 


RHODE  ISLAND.  343 

8.  Deed  from  Charles  F.  Bostwick  and  wife,  dated  February  1, 
1902,  conveying  the  undivided  two-thirds  remaining  of  above  tract. 
Recorded  in  Vol.  14,  page  211,  etc.,  of  same  records. 

The  above  0.875  acre  was  acquired  under  Condemnation  proceed- 
ings in  the  Circuit  Court  of  the  United  States  for  the  District  of 
Rhode  Island,  by  decree  rendered  January  4,  1902,  and  filed  in  the 
Clerk's  Office  for  the  said  Court,  February  5,  1902. 

9.  Deed  from  Henry  Stalzell,  dated  March  3,  1902,  conveying  1.5 
acres  of  land.     Recorded  in  Vol.  14,  page  230,  etc.,  of  same  records. 

The  above  tract  was  acquired  under  Condemnation  proceedings  in 
the  Circuit  Court  of  the  United  States  for  the  District  of  Rhode 
Island,  by  decree  rendered  February  15,  1902. 

10.  Decree  in  condemnation  of  the  U.  S.  Circuit  Court  (Law  No. 
2G60)   entered  December  26,  1903,  and  January  22,  1904,  covering 
3.088  acres,  the  property  of  Susan  Shoemaker ;  4.743  acres,  the  prop- 
erty of  Charles  Wharton  Stork,  and  8.048  acres,  the  property  of 
Joseph  S.  Lovering  Wharton.     Recorded  in  volume  15,  pages  56-59 
of  same  records. 

11.  Deed  from  Benjamin  H.  Shoemaker  and  wife,  dated  January 
18,  1904,  to  tract  of  3.088  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  60  of  same  records. 

12.  Deed  from  Charles  Wharton  Stork  et  al.,  dated  January  18, 
1904,  to  tract  of  4.743  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  62,  of  same  records. 

13.  Deed  from  Joseph  S.  Lovering  Wharton,  dated  January  18, 
1904,  to  tract  of  8.048  acres,  covered  by  said  decree.     Recorded  in 
volume  15,  page  64,  of  same  records. 

14.  Decree  in  condemnation  of  the  U.  S.  Circuit  Court  (Law  No. 
2660)  entered  December  12,  1906,  covering  2  tracts,  aggregating  2.025 
acres.     Recorded  in  volume  16,  page  11,  of  same  records. 

15.  Decree  in  condemnation  of  the  U.  S.  Circuit  Court  (Law  No. 
2570)    entered   November  2,   1907,   covering  certain   negative  ease- 
ments.    Recorded  in  volume  16,  page  118,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

Revocable  Licenses:  License,  April  9,  1902,  to  The  Providence 
Telephone  Company  to  construct  and  maintain  a  pole  telephone  line 
on  the  reservation. 

Revocable  License,  June  19,  1905,  to  Providence  Telephone  Com- 
pany to  construct,  operate  and  maintain  a  telephone  line. 

FORT  WALCOTT    (GOAT  ISLAND). 

This  reservation,  containing  18  acres,  embraces  the  whole  of  Goat 
Island,  and  is  situated  at  the  entrance  to  Newport  Harbor  from  Nar- 
ragansett  Bay  northeast  from  Fort  Adams  and  southeast  from  Rose 
Island,  in  Newport  County.  The  title  is  as  follows : 

1.  Act  of  the  General  Assembly  of  the  State  of  Rhode  Island, 
passed  March,  1794,  granting  to  the  United  States  all  the  right,  title, 
and  claim  of  said  State  to  the  lands  on  which  the  fortifications  on 
Goat  Island  stand,  etc.     (See  Fort  Adams  for  act.) 

2.  Deed   from  Edmund  Townsend,   Treasurer   of  Newport,  etc., 
dated  April  16,  1799,  conveying  10  acres  on  north  end  of  Island.     Re- 
corded in  the  Book  of  Land  Evidence  of  Newport,  July  17,  1799,  at 
Newport. 


344  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

For  jurisdiction  see  act  passed  at  March  Session,  1794,  under  the 
title  of  "  Fort  Adams." 

See  also  General  Act  of  Cession. 

Easement:  Act  of  Congress,  approved  December  20,  1884,  author- 
ized the  city  of  Newport  to  construct  and  maintain  a  sewer  through 
and  across  the  breakwater  at  Goat  Island.  License  under  above 
authority,  April  2G,  1887. 

Revocable  License:  License,  July  27, 1869,  to  the  Nevy  Department 
to  occupy  Goat  Island. 

SOUTH   CAROLINA. 

For  a  list  of  places  in  respect  to  which  jurisdiction,  more  or  less 
extensive,  has  been  ceded  to  the  United  States,  see  Code  of  Laws, 
S.  C.,  1902,  v.  1,  sec.  3,  pages  4  to  18. 

GENERAL  ACT  OF  CESSION. 

Session  Laws  of  1871,  Chapter  14,  page  535,  Section  1,  as  set  out  in 
the  Code  of  Laws  of  South  Carolina  for  1902,  Vol.  1,  page  21,  as 
follows : 

"  SEC.  9.  The  jurisdiction  of  the  State  of  South  Carolina  is  hereby 
ceded  to  the  United  States  over  so  much  land  as  is  necessary  for  the 
public  purposes  of  the  United  States;  but  the  jurisdiction  hereby 
ceded  shall  not  vest  until  the  United  States  shall  have  acquired  the 
title  to  the  lands,  by  grant  or  deed,  from  the  owner  or  owners  thereof, 
;md  the  evidences  thereof  shall  have  been  recorded  in  the  office  where, 
by  law,  the  title  to  such  land  is  recorded.  The  United  States  are  to 
retain  such  jurisdiction  so  long  as  such  lands  shall  be  used  for  the 
purposes  aforementioned,  and  no  longer;  and  such  jurisdiction  is 
granted  upon  the  express  condition  that  the  State  of  South  Carolina 
shall  retain  a  concurrent  jurisdiction  with  the  United  States  in  and 
over  the  said  lands,  so  far  as  that  civil  process,  in  all  cases  not  affect- 
ing the  real  or  personal  property  of  the  United  States,  and  such  crim- 
inal or  other  process  as  shall  issue  under  the  authority  of  the  State  of 
South  Carolina,  against  any  person  or  persons  charged  with  crimes  or 
misdemeanors  committed  within  or  without  the  limits  of  the  said 
lands,  may  be  executed  therein,  in  the  same  way  and  manner  as  if  no 
jurisdiction  had  been  thereby  ceded. 

"  SEC.  10.  All  lands  and  tenements  which  may  be  granted,  as  afore- 
said, to  the  United  States  shall  be  and  continue,  so  long  as  the  same 
shall  be  used  for  the  purposes  in  the  last  section  mentioned,  exon- 
erated and  discharged  from  all  taxes,  assessments  and  other  charges 
which  may  be  imposed  under  the  authority  of  the  State  of  South 
Carolina." 

BAY   POINT. 

This  reservation  contains  an  area  of  126  acres,  being  all  the  land  in 
the  west  half  of  Section  3,  Township  3  South,  and  is  situated  north  of 
the  entrance  to  Port  Royal  Sound,  in  Beaufort  County.  The  title  is 
as  follows : 

As  public  lands  belonging  to  the  United  States  they  were  reserved 
for  military  purposes  by  Executive  Order  dated  October  27,  1874. 


SOUTH   CAROLINA.  345 

(The  Bay  Point  reservation  seems  to  have  been  bid  in  by  an  agent 
of  the  United  States,  for  the  United  States,  at  a  sale  for  direct  taxes 
immediately  at  the  close  of  the  war  of  1861,  and  while  in  the  hands  of 
the  Tax  Commissioners  as  the  property  of  the  United  States  was 
excepted  from  further  disposition  and  set  apart  for  military  purposes. 
See  Act  of  Congress  approved  July  16,  1866.) 

For  jurisdiction  see  General  Act  of  Cession. 

BEAUFORT  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  31.5  acres,  and  is  situated  at 
Beaufort,  in  Beaufort  County.  The  title  is  as  follows: 

1.  Under  authority  of  act  of  Feb.  6,  1863  (12  Stat.  L.,  640)  and 
Executive  Order  of  February  10,  1863,  the  tract  known  as  "  Polly's 
Grove,"  containing  64  acres,  was  on  March  4,  1863,  selected  for  vari- 
ous public  purposes  and  acquired  at  direct  tax  sale,  held  March  11, 
1863.     A  portion  of  this  tract,  containing  29.8  acres,  was  used  as  a 
"  Military  Cemetery ;  "  and  the  title  thereto  approved  by  the  Attor- 
ney-General March  25,  1869.     (See  Appendix,  page  493.) 

2.  Lease  for  ninety-nine  years  b}^  Town  Council  of  Beaufort  to  the 
United  States  of  Lot  124  in  Beaufort  Cemetery,  containing  1.7  acres. 
Lease  dated  April  10,  1868,  and  recorded  in  Book  No.  7,  page  196,  of 
the  deed  records  of  Beaufort  County. 

For  jurisdiction  see  General  Act  of  Cession. 

FLORENCE    NATIONAL    CEMETERY. 

This  reservation,  containing  an  area  of  3.76  acres,  together  with  a 
right  of  way,  is  situated  near  Florence,  in  Darlington  County.  The 
title  is  as  follows : 

1.  Deed  from  James  B.  Jarrott,  Executor,  etc.,  dated  January  — , 
1872,  conveying  3.76  acres.    Recorded  in  Book  H  H,  page  231,  etc.,  in 
the  Office  of  Register  of  Mesne  Conveyances  for  Darlington  County. 

(An  Act  of  Congress,  approved  January  8,  1889,  provides  for  the 
building  of  a  gravel  or  macadamized  road  from  the  town  of  Flor- 
ence to  the  National  Cemetery.) 

2.  Ordinance  by  the  Intendant  and  Wardens  of  the  Town  of  Flor- 
ence granting  to  the  United  States  right  of  way,  etc.,  on  streets  lead- 
ing toward   Cemetery   within   the   corporate   limits   of  said   town. 
Passed  and  ratified  February  5,  1889. 

3.  Order  and  Resolution  of  County  Court  of  Florence  County, 
granting  to  the  United  States  right  of  way  to  National  Cemetery, 
over  County  road,  etc.     The  said  road  now  being  embraced  within 
the  limits  of  Florence  County,  by  act  of  the  State  Legislature  ap- 
proved December  22,  1888.     Order  and  Resolution  adopted  February 
26,  1889. 

4.  Report  of  Special  Road  Commissioners  giving  increased  width 
to  roadway,  confirmed  by  the  County  Court  March  18,  1889. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  January  16, 1873,  which  act  provides  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  jurisdiction  of  the  State 
of  South  Carolina  is  hereby  ceded  to  the  United  States  of  America 


346  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

over  certain  lands  situated  in  the  County  of  Darlington  and  near  the 
town  of  Florence,  known  as  the  "  National  Cemetery ; "  Provided. 
That  the  jurisdiction  hereby  ceded  shall  not  vest  until  the  United 
States  of  America  shall  have  acquired  the  title  to  the  said  lands  by 
grant  or  deed  from  the  owner  or  owners  thereof,  and  the  evidences  of 
the  same  shall  have  been  recorded  in  the  office  where  by  law  the  title 
to  such  lands  is  recorded;  and  the  United  States  of  America  are  to 
retain  such  jurisdiction  so  long  as  such  lands  shall  be  used  for  the 
purposes,  in  this  Act  mentioned,  and  no  longer;  and  such  jurisdiction 
is  granted  upon  the  express  condition  that  the  State  of  South  Caro- 
lina shall  retain  a  concurrent  jurisdiction  with  the  United  States  in 
and  over  the  said  lands  so  far  as  that  civil  process,  in  all  cases  not 
affecting  the  real  or  personal  property  of  the  United  States,  and  such 
criminal  or  other  process  as  shall  issue  under  the  authority  of  the 
State  of  South  Carolina,  against  any  person  or  persons  charged  with 
crimes  or  misdemeanors  committed  within  or  without  the  limits  of 
said  lands,  may  be  executed  therein  in  the  same  way  and  manner  as 
if  no  jurisdiction  had  been  ceded. 

"  SEC.  2.  That  all  lands  and  tenements  which  may  be  granted  as 
aforesaid,  to  the  United  States  shall  be  and  continue,  so  long  as  the 
same  shall  be  used  for  the  purposes  in  this  act  mentioned,  exonerated 
and  discharged  from  all  taxes,  assessments  and  other  charges  which 
may  be  imposed  under  the  authority  of  the  State  of  South  Carolina." 

See  also  General  Act  of  Cession. 

FORT  FREMONT. 

This  reservation  contains  about  170  acres,  as  announced  in  G.  O. 
No.  90  W.  D.  May  14,  1906.  It  is  situated  on  St.  Helena  Island,  in 
Beaufort  County,  near  Port  Royal.  The  title  is  as  follows : 

1.  Deed  from  F.  A.  Dran,  dated  April  28,  1898,  conveying  Lot 
No.  11,  and  fractional  Lots  Nos.  10  and  23,  in  Sec.  22,  T.  2  S.,  R.  1 
W.  of  St.  Helena  Meridian.    Recorded  in  Book  B,  page  G2,  of  the 
records  of  Beaufort  County. 

2.  Order  of  the  District  Court  of  the  United  States  for  the  East- 
ern District  of  South  Carolina,  dated  June  30,  1899,  vesting  the 
title  in  fee  simple  in  the  United  States,  of  a  tract  of  land  containing 
10  acres,  late  the  property  of  Jack  Freeman. 

3.  Deed  from  Jacob  Meyers,  dated  October  12,  1899,  conveying  10 
acres  of  land.    Deed  recorded  in  Book  B,  page  63,  of  same  records. 

4.  Decree  of  condemnation  for  20  acres  of  land,  in  case  of  The 
United  States  v.  Ellen  Crofut,  in  the  District  Court  of  the  United 
States  for  Eastern  District  of  South  Carolina.     Rendered  October 
12,  1900,  and  filed  in  the  Clerk's  Office  of  said  Court. 

5.  Deed  from  Ellen  A.  Crofut,  dated  August  13,  1903,  conveying 
Lot  60,  sec.  15  S.,  R.  1  W.,  St.  Helena  Meridian,  containing  10  acres. 
Recorded  in  Clerk's  Office  of  County  Court,  in  Vol.  25,  page  363. 

6.  Deed  from  July  Fripp,  dated  September  19,  1903,  conveying 
one-half  of  Lot  5,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  5  acres.    Deed 
recorded  in  Vol.  25,  page  364,  of  same  records. 

7.  Deed  from  Andrew  Jenkins  and  Ellen  Williams,  dated  Sep- 
tember 25,  1903,  conveying  one-half  of  Lot  5,  sec.  22,  T.  2  S.,  R.  1 


SOUTH   CAROLINA.  347 

W.,  containing  5  acres.     Recorded  in  Vol.  25,  page  366,  of  same 
records. 

8.  Deed  from  the  Clerk  of  the  District  Court,  dated  November  23, 
1903,  conveying  Lot  21,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  10  acres. 
Recorded  in  Vol.  25,  page  394,  of  same  records. 

9.  Deed  from  the  Clerk  of  the  District  Court,  dated  November  23, 
1903,  conveying  Lot  22,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  10  acres. 
Recorded  in  Vol.  25,  page  400,  of  same  records. 

10.  Deed  from  the  Clerk  of  the  District  Court,  dated  November  23, 
1903,  conveying  Lot  28,  sec.  22,  T.  2  S.,  R,  1  W.,  containing  10  acres. 
Recorded  in  Vol.  25,  page  398,  of  same  records. 

11.  Deed  from  the  Clerk  of  the  District  Court,  dated  November  23, 
1903,  conveying  Lot  12,  sec.  22,  T.  2  S.,  R.  1  W.,  containing  10  acres. 
Recorded  in  Vol.  25,  page  396,  of  same  records. 

The  above  conveyances,  8  to  11  inclusive,  were  executed  pursuant 
to  a  decree  of  condemnation  in  the  District  Court  of  the  United 
States,  for  the  Eastern  District  of  South  Carolina,  rendered  Novem- 
ber 20,  1903. 

12.  Deed  from  Clerk  of  Circuit  Court,  dated  August  20,  1904,  con- 
veying lots  26  and  27,  sec.  22,  T.  2  S.,  R.  1  W.,  of  St.  Helena  Meridian, 
containing  10  acres.    Recorded  in  Book  25,  page  502,  of  the  records  of 
Beaufort  County. 

13.  Deed  from  Clerk  of  Circuit  Court,  dated  August  20, 1904,  convey- 
ing Lots  38  and  39,  sec.  22,  T.  2  S.,  R.  1  W.,  of  St.  Helena  Meridian, 
containing  10  acres.    Recorded  in  Book  25,  page  500,  of  same  records. 

The  above  deeds  12  and  13  were  executed  in  pursuance  of  decrees  of 
condemnation  in  the  Circuit  Court  of  the  United  States,  for  the  Dis- 
trict of  South  Carolina,  rendered  April  9,  1904,  and  filed  the  same 
day  in  Clerk's  Office  of  said  Court. 

14.  Deed  from  Ellen  A.  Crofut,  dated  January  31,  1905,  conveying* 
Lot  57,  section  15,  township  2  south,  range  1  west.    Recorded  in  Book 
26,  page  114,  of  same  records. 

Upon  investigation  it  was  found  that  title  to  Lot  37,  containing  10 
acres,  was  already  in  the  United  States,  it  having  been  purchased  in 
1863  at  a  sale  for  taxes. 

For  jurisdiction  see  General  Act  of  Cession. 

HILTON    HEAD. 

This  reservation  contains  an  area  of  803  acres,  and  is  situated  south 
of  the  entrance  to  Port  Royal  Sound,  in  Beaufort  County.  The  title 
is  as  follows : 

As  public  lands  belonging  to  the  United  States,  they  were  reserved 
for  military  purposes  by  Executive  Order  dated  October  27,  1874. 

No  cession  of  jurisdiction  unless  covered  by  the  act  of  the  State 
Legislature  passed  at  the  session  of  1871,  for  which  see  Act  set  out 
under  title  of  "  General  Act  of  Cession." 

(The  Hilton  Head  reservation  seems  to  have  been  bid  in  by  an 
agent  of  the  United  States,  for  the  United  States  at  a  sale  for  direct 
taxes,  immediately  at  the  close  of  the  war  of  1861,  and  while  in  the 
hands  of  the  Direct  Tax  Commissioners  as  the  property  of  the  United 
States,  was  excepted  from  further  disposition  and  set  apart  for  mili- 
tary purposes.  See  Act  of  Congress  approved  July  16,  1866.) 


348  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

FORT  MOULTRIE. 

The  several  reservations  of  this  post  comprise  an  area  of  approxi- 
mately 298  acres,  and  are  situated  on  Sullivans  Island  north  of  the 
main  entrance  to  Charleston  Harbor,  and  nearly  opposite  Fort  Sum- 
ter. 

The  title  to  the  original  Fort  Moultrie  tract  is  set  out  in  numbers 
1,  2  and  3,  as  follows: 

1.  Ceded  to  the  United  States  by  the  State  of  South  Carolina  by  an 
act  of  the  Legislature  passed  December  19,  1805. 

2.  Land  surveyed  and  regranted  to  the  United  States  by  an  act 
of  the  State  Legislature  passed  December  18,  1846. 

3.  Deed  from  G.  B.  Dyer,  dated  January  9,  1844,  conveying  a  small 
burial  lot  containing  about  1,500  feet  of  ground.     Recorded  in  Sec- 
retary of  State's  Office,  at  Charleston,  in  Miscellaneous  Record  Book 
B  B  B  B  B,  page  18,  etc. 

The  Acts  of  December  19,  1805,  and  December  18,  1846,  cede  both 
title  and  jurisdiction,  and  provide  as  follows : 

"Be  it  enacted,  etc.,  That  there  shall  be  and  hereby  is  granted  to 
the  United  States  of  America,  all  the  right,  title  and  claim  6f  this 
State,  to  the  following  forts,  fortifications,  and  sites  for  the  erection 
of  forts,  in  manner  following: 

"All  the  land  reserved  for  Fort  Moultrie  on  Sullivans  Island,  pro- 
vided the  same  shall  not  exceed  five  acres,  with  all  the  forts,  fortifi- 
cations and  buildings  thereon,  together  \vith  the  canal  leading  from 
the  cove  on  the  back  of  the  fort,  nearly  up  to  the  same,  as  delineated 
on  the  plan  of  Charleston  harbor  by  Colonel  Senf  and  is  in  the  Secre- 
tary of  State's  office  at  Columbia. 

"  The  high  lands  and  part  of  the  marsh  belonging  to  Fort  John- 
son," as  delineated  on  the  said  plan  of  Charleston  harbor,  provided 
the  same  shall  not  exceed  twenty  acres,  including  the  present  site  of 
Fort  Johnson. 

"  The  land  on  which  Fort  Pinckney  is  built,  and  three  acres  around 
the  same. 

"A  portion  of  the  sand  bank  marked  C,  on  the  southeasternmost 
point  of  Charleston,  as  delineated  on  the  said  plan  of  Charleston 
harbor,  not  exceeding  two  acres. 

"A  quantity  of  land,  not  exceeding  four  acres,  for  a  battery  or  fort, 
and  necessary  buildings,  on  Dr.  Blythe's  point  of  land  at  the  mouth 
of  Sampit  river. 

"  The  small  island  in  Beaufort  river  called  Mustard  Island,  oppo- 
site Pairo  Island,  and  a  tract  of  land  on  St.  Helena  Island,  opposite 
the  same,  not  exceeding  seven  acres  of  land,  as  being  a  commanding 
ground  for  a  principal  fort. 

"And  be  it  further  enacted,  etc.,  That  the  following  persons,  viz : 
Col.  Thomas  Grayson,  Captain  John  Jenkins,  and  William  Elliott, 
Brigadier-General  Reid,  the  Intendent  of  Charleston  for  the  time 
being,  Colonel  Daniel  Stevens,  Joseph  Alston,  Brigadier-General  Con- 
way  and  Major  Savage  Smith,  or  any  twyo  of  them,  be,  and  they  are 

0  Fort  Johnson  was  transferred  to  the  Treasury  Department,  July  23,  1906. 
under  act  of  Congress  approved  June  19,  1906  (34  Stat.  L.,  299),  for  the  per- 
manent use  of  the  Public  Health  and  Marine-Hospital  Service. 


SOUTH   CAROLINA.  349 

hereby  appointed  Commissioners,  and  authorized  to  locate,  by  proper 
metes  and  bounds,  at  the  expense  of  this  State,  so  far  as  the  charges 
of  surveyors  shall  be  incurred,  all  or  any  the  above  mentioned  sites; 
and  who  shall  return  a  into  the  office  of  the  Secretary  of  this  State,  on 
or  before  the  first  day  of  January,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  seven,  fair  plats  of  survey,  and  accurate 
description  of  the  said  lands,  forts,  fortifications  and  sites,  so  ceded, 
setting  forth  the  limits  and  bounds  of  the  same. 

"And  be  it  further  enacted,  etc.,  That  if  the  United  States  shall  not 
within  three  years  from  the  passage  of  this  act,  and  notification 
thereof  by  the  Governor  of  this  State  to  the  Executive  of  the  United 
States,  repair  the  fortifications  now  existing  thereon,  or  build  such 
other  forts  or  fortifications  as  may  be  deemed  most  expedient  by  the 
Executive  of  the  United  States  on  the  same,  and  keep  a  garrison  or 
garrisons  therein,  in  such  case  this  grant  or  cession  shall  be  void  and 
of  no  effect. 

"And  be  it  further  enacted,  That  all  process  civil  or  criminal,  issued 
under  the  authority  of  this  State  or  any  officer  thereof,  shall  and  may 
be  served  and  executed  on  any  part  of  lands  and  sites,  forts  and  forti- 
fications, so  ceded  by  this  act,  and  on  any  person  or  persons  there 
being  and  implicated  in  matters  of  law:  Provided  always,  that  the 
lands,  sites,  forts  and  fortifications  so  ceded,  shall  forever  be  exempt 
from  any  tax  to  be  paid  to  this  State:  And  provided  also,  the  United 
States  shall,  before  possession  be  taken  of  the  said  sites  so  to  be  laid 
out  by  the  above  Commissioners,  some  of  which  are  private  property, 
give  and  pay  due  compensation  to  the  owners  and  proprietors  of  the 
same."  (Passed  December  19,  1805.) 

"  1.  Be  it  enacted,  etc.,  That  there  shall  be,  and  hereby  is  granted 
to  the  United  States  of  America,  all  the  right,  title  and  interest  of 
the  State  to  the  lands,  forts  and  fortifications  and  sites  for  the  erec- 
tion of  forts  on  Sullivans  Island,  James  Island,  and  Shute's  Folly 
Island,  as  delineated  in  a  plan  of  survey  made  by  Robert  Q.  Pinckney, 
on  the  Seventeenth  day  of  November,  in  the  year  One  thousand  eight 
hundred  and  forty-six,  under  the  direction  of  the  Commissioners 
appointed  by  His  Excellency,  Governor  Aiken,  under  a  joint  resolu- 
tion of  the  Legislature,  passed  on  the  fifteenth  day  of  December,  in 
the  year,  One  thousand  eight  hundred  and  forty- five.  Provided, 
That  this  Act  shall  not  take  effect  until  the  United  States  Govern- 
ment shall  have  conveyed  to  the  State  of  South  Carolina  all  the  right, 
title  and  interest  of  the  United  States,  in  the  land  lying  between  the 
present  site  of  Fort  Moultrie  and  the  parade  ground,  which  is  indi- 
cated as  a  street  in  the  aforesaid  plan  of  survey,  and  until  said  plan 
of  survey  shall  have  been  deposited  in  the  office  of  the  Secretary  of 
State  at  Columbia. 

"  2.  That  all  process,  civil  or  criminal,  issued  under  the  authority 
of  this  State,  or  any  officer  thereof,  shall  and  may  be  served  and  exe- 
cuted, on  any  part  of  the  lands  and  sites,  forts  and  fortifications  so 
ceded  by  this  act,  and  on  any  person  or  persons  there  being  implicated 
in  matters  of  law :  Provided  always,  That  the  lands,  sites,  forts  and 
fortifications  so  ceded  shall  be  exempt  from  any  tax  to  be  paid  to  this 

a  Commissioners  made  report  dated  August  14,  1807. 


350  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

State:  And  provided  also,  That  nothing  contained  in  this  act,  shall 
be  construed  to  interfere  with  the  rights  and  property  of  the  citizens 
or  so  as  to  affect  any  of  the  streets,  thoroughfares  or  public  buildings 
on  the  said  Islands."  (Passed  December  18,  1846.) 

The  condition  recited  in  the  foregoing  act  of  December  18,  1846, 
having  been  complied  with  on  the  part  of  the  United  States,  David 
Johnson,  Governor  of  South  Carolina,  executed  a  deed  conveying  to 
the  United  States  the  lands,  etc.,  cited  in  said  act.  Deed  dated  June 
5, 1848,  and  recorded  in  the  Mesne  Conveyance  Office,  Charleston  Dis- 
trict, July  5,  1848,  in  Book  B,  No.  12,  page  102,  etc. 

The  title  to  the  additions  to  the  original  reservation  was  in  the 
State  of  South  Carolina,  which,  by  custom  sanctioned  by  legislative 
enactment,  permitted  the  occupancy  and  improvement  of  the  same 
by  private  individuals  as  tenants  from  year  to  year.  These  additions 
Avere  granted  to  the  United  States  by  Acts  of  the  State  Legislature, 
approved  December  24,  1894,  February  9,  1900,  February  8,  1901, 
March  2,  1903,  February  22,  1905,  February  19,  1906,  and  by  Act  of 
February  20,  1908,  as  amended  by  Act  of  March  4,  1909,  upon  condi- 
tion that  the  "  grant  shall  not  be  effectual  as  to  any  portion  of  the 
premises  *  *  *  in  wrhich  any  person  or  persons  have  now  any 
right,  title  or  interest  or  upon  which  any  person  or  persons  now  own 
or  have  any  structures  or  improvements  until  the  United  States  of 
America  shall  have  compensated  such  person  or  persons  for  such 
right,  title  and  interest  and  for  such  buildings,  structures  and  im- 
provements, and  acquired  the  title  of  such  person  or  persons  thereto." 

The  metes  and  bounds  of  the  several  reservations  comprised  under 
the  post  of  Fort  Moultrie,  except  the  tract  40  by  75  feet,  acquired  for 
"  secondary  mine-defense  observing  station  "  and  except  the  addition 
of  about  2.25  acres  on  the  west  of  the  original  reservation  granted 
by  Act  of  February  20,  1908,  as  amended  by  Act  of  March  4,  1909, 
are  published  in  G.  O.  No.  140,  War  Department,  August  7,  1906. 

The  following  deeds,  etc.,  release  the  title  of  the  owners  of  im- 
provements, etc.,  on  Lots  comprised  within  three  tracts  of  land, 
designated  below  as  Tracts  "A,"  "  B,"  and  "  C,"  which  were  granted 
to  the  United  States  by  Act  of  the  State  Legislature,  approved  De- 
cember 24,  1894 : 

Tract  A: 

Lot  101.  Deed  from  Margaret  T.  Stone,  Executrix,  and  H.  D. 
Alexander,  Executor,  etc.,  dated  February  14,  1896.  Kecorded  in 
Book  R,  22,  page  176,  in  the  Register's  Office  of  Mesne  Conveyances, 
Charleston  County,  South  Carolina. 

Lot  102.  Deed  from  Hermann  Klathe,  dated  October  28,  1895.  Ke- 
corded in  Book  R  22,  page  122,  same  office. 

Lot  103.  Deed  from  Harriott  R.  Simons,  dated  October  28,  1895. 
Recorded  in  Book  R  22,  page  126,  same  office. 

Lot  104.  Deed  from  Caroline  C.  Williams,  dated  December  12, 
1895.  Recorded  in  Book  Y  22,  page  5,  same  office. 

Lot  105.  Decree  of  Condemnation  in  case  of  the  United  States  r. 
Pauline  S.  Heyward,  in  the  Court  of  Common  Pleas  in  and  for  the 
County  of  Charleston.  Decree  made  final  March  26,  1897. 


SOUTH    CAROLINA.  351 

Lot  106.  Deed  from  Anna  L.  Walker,  dated  December  5,  1896. 
Recorded  in  Book  R  22,  page  387,  same  office. 

Lot  107  and  Lot  108.  Deed  from  Mary  L.  Snowden,  dated  March 
20,  1897.  Recorded  in  Book  R  22,  page  475,  same  office. 

Lots  119,  120,  121,  126,  and  127.  Deed  from  Asher  D.  Cohen,  dated 
July  25,  1896.  Recorded  in  Book  R  22,  page  292,  same  office. 

Lot  122.  Deed  from  Henrietta  V.  Mazyck,  dated  November  24, 
1896.  Recorded  in  Book  R  22,  page  374,  same  office. 

Lot  123.  Deed  from  Wilhelmina  L.  Eason,  dated  July  27,  1896. 
Recorded  in  Book  R  22,  page  289,  same  office. 

Lot  124.  Deed  from  E.  C.  Steinmeyer,  Administrator,  etc.,  dated 
June  12,  1897.  Recorded  in  Book  R  22,  page  548,  same  office. 

Lot  125.  Deed  from  Edwin  W.  Moise,  dated  February  14,  1896. 
Recorded  in  Book  Y  22,  page  17,  same  office. 

Lot  128.  Deed  from  Sarah  M.  Dawson,  dated  July  28,  1896.  Re- 
corded in  Book  R  22,  page  291,  same  office. 

Lot  128-a.  Deed  from  J.  Alice  Arnold,  dated  December  5,  1896. 
Recorded  in  Book  R  22,  page  388,  same  office. 

Lot  137.  Deed  from  J.  O.  Beckman,  dated  December  27,  1895.  Re- 
corded in  Book  Y  22,  page  8,  same  office. 

Lot  138.  Deed  from  Euterpe  W.  Jones,  dated  December  14,  1895. 
Recorded  in  Book  Y  22,  page  1,  same  office. 

Lot  139.  Deed  from  Mary  Cogswell,  dated  September  22,  1896. 
Recorded  in  Book  R  22,  page  328,  same  office. 

Tract  B: 

Lot  225.  Deed  from  John  Vollers,  dated  April  18,  1896.  Recorded 
in  Book  Y  22,  page  70,  same  office. 

Lot  226.  Decree  of  Condemnation  in  case  of  the  United  States  v. 
John  V.  McNamee,  in  the  Court  of  Common  Pleas  in  and  for  the 
County  of  Charleston.  Decree  made  final  March  25,  1897. 

Lot  239.  Deed  from  the  Carolina  Savings  Bank,  dated  November 
14,  1895.  Recorded  in  Book  Y  22,  page  4,  same  office. 

Lot  240.  Decree  of  Condemnation  in  case  of  the  LTnited  States  v. 
A.  W.  Eckel,  in  the  Court  of  Common  Pleas  in  and  for  the  County 
of  Charleston.  Decree  made  final  March  25,  1897. 

Lot  241.  Decree  of  Condemnation  in  case  of  the  United  States  v. 
C.  M.  Drake,  in  the  court  of  Common  Pleas  in  and  for  the  County  of 
Charleston.  Decree  made  final  March  25,  1897. 

Lot  242.  Decree  of  Condemnation  in  case  of  the  United  States  v. 
Mary  L.  A.  Holton,  in  the  Court  of  Common  Pleas  in  and  for  the 
County  of  Charleston.  Decree  made  final  March  26,  1897. 

Lot  255.  Deed  from  Joseph  G.  Police,  dated  July  27,  1896.  Re- 
corded in  Book  R  22,  page  295,  same  office. 

Lot  256.  Decree  of  Condemnation  in  case  of  the  United  States  v. 
Johanna  Michaelis,  in  the  Court  of  Common  Pleas  in  and  for  the 
County  of  Charleston.  Decree  made  final  March  26,  1897. 

Lot  259.  Deed  from  Anna  Josepha  Wilson,  dated  December  13, 
1895.  Recorded  in  Book  Y  22,  page  3,  same  office. 

Lot  260.  Deed  from  Hannah  Triest,  dated  November  7,  1895.  Re- 
corded in  Book  R  22,  page  123,  same  office. 


352  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Lot  U.  and  Lot  V.  Decree  of  Condemnation  in  case  of  the  United 
States  v.  M.  A.  Gilchrist,  in  the  Court  of  Common  Pleas  in  and  for 
the  County  of  Charleston.  Decree  made  final  March  19,  1897. 

Lot  W.  Deed  from  Margaret  A.  S.  Gadsden,  dated  August  6,  1896. 
Eecorded  in  Book  R  22,  page  340,  same  office. 

Lot  X.  Deed  from  W.  St.  J.  Jervey,  dated  November  2,  1895.  Re- 
corded in  Book  R  22,  page  125,  same  office. 

Lot  Y  and  Lot  Z.  Deed  from  Caroline  M.  Schachte,  dated  July  25, 
1896.  Recorded  in  Book  R  22,  page  294,  same  office. 

Tract  C: 

Lot  243.  Deed  from  M.  P.  Patterson,  dated  November  5,  1895. 
Recorded  in  Book  R  22,  page  127,  same  office. 

Lot  244.  Deed  from  John  J.  O'Hagan,  dated  November  7,  1895. 
Recorded  in  Book  R  22,  page  129,  same  office. 

Lots  245,  246,  263,  264  and  265,  were  found  to  be  free  from  private 
claims,  and  title  depends  solely  on  grant  from  State. 

Lot  247.  Deed  from  Thomas  Roddy,  dated  November  5,  1895. 
Recorded  in  Book  R  22,  page  128,  same  office. 

Lot  248.  Deed  from  Auguste  C.  Bequest,  dated  March  26,  1896. 
Recorded  in  Book  Y  22,  page  54,  same  office. 

Lot  249.  Deed  from  John  Boyd,  Administrator,  etc.,  dated  March 
20,  1896.  Recorded  in  Book  R  22,  page  204,  same  office. 

Lot  250.  Deed  from  John  C.  Boesch,  dated  December  12,  1895. 
Recorded  in  Book  Y  22,  page  2,  same  office. 

Lot  267.  Deed  from  Johanna  F.  C.  H.  Schroder,  dated  March  27, 
1896.  Recorded  in  Book  Y  22,  page  55,  same  office. 

Lots  268  and  269.  Deed  from  J.  E.  Follen,  dated  November  12, 
1895:  Recorded  in  Book  Y  22,  page  6,  same  office. 

Lot  B.  Deed  from  Sarah  E.  Thompson,  dated  March  18,  1896. 
Recorded  in  Book  R  22,  page  202,  same  office. 

The  following  deeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  Lots  comprised  within  premises  ceded  to  the  United 
States  by  Act  of  the  State  Legislature,  approved  February  9,  1900 : 

Lot  131.  Deed  from  Kate  Blanchard,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  46,  in  the  Register's  Office  of  Mesne 
Conveyances,  Charleston  County,  South  Carolina. 

Lot  132.  Deed  from  H.  L.  P.  Bolger,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  64,  same  office. 

Lot  140.  Deed  from  C.  H.  Schultz,  dated  February  18,  1901.  Re- 
corded in  Book  X  23,  page  125,  same  office. 

Lot  141  and  Lot  144.  Deed  from  W.  G.  Muckenfuss,  dated  Febru- 
ary 18,  1901.  Recorded  in  Book  X  23,  page  83,  same  office. 

Lot  142.  Deed  from  Mary  O.  Aimar,  dated  February  16,  1901.  Re- 
corded in  Book  X  23,  page  37,  same  office. 

Lot  143.  Deed  from  C.  H.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  82,  same  office. 

Lot  145.  Deed  from  William  B.  Minott,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  77,  same  office. 

Lot  146.  Deed  from  Anna  D.  Baer,  Administratrix,  etc.,  dated 
February  16,  1901.  Recorded  in  Book  X  23,  page  41,  same  office. 


SOUTH    CAROLINA.  353 

Lot  147.  Deed  from  W.  M.  Muckenfuss,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  87,  same  office. 

Lot  148.  Deed  from  W.  G.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  85,  same  office. 

Lot  149  and  Lot  A-4.  Deed  from  Henrietta  V.  Mazyck,  dated  Feb- 
ruary 18,  1901.     Recorded  in  Book  X  23,  page  75,  same  office. 

Lot  150.  Deed  from  Rosa  E.  Truesdale,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page*  132,  same  office. 

Lot  151.  Deed  from  Josephine  McGuire,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  90,  same  office. 

Lot  152.  Deed  from  Priscilla  S.  Salters,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  118,  same  office. 

Lot  153.  Deed  from  A.  B.  Muckenfuss,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  80,  same  office. 

Lot  154.  Deed  from  Harriet  S.  Pringle,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  111,  same  office. 

Lot  155.  Deed  from  Mattie  R.  Riggs,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  113,  same  office. 

Lot  156.  Deed  from  Geo.  W.  Williams,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  141,  same  office. 

Lot  157.  Deed  from  Henry  Buist,  et  al.,  Trustees,  dated  December 
18,  1900.     Recorded  in  Book  X  23,  page  52,  same  office. 

Lot  158.  Deed  from  A.  D.  Anderson,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  38,  same  office. 

Lot  159  and  Lot  160.  Deed  'from  Mary  Chambers,  et  al.,  dated 
February  18,  1901.     Recorded  in  Book  X  23,  page  54,  same  office. 

Lot  161.  Deed  from  Louis  Sherfesee,  ct  al.,  dated  February  18, 
1901.     Recorded  in  Book  X  23,  page  128,  same  office. 

Lot  162  and  Lot  166.  Deed  from  Michael  H.  Collins,  dated  Febru- 
ary 18,  1901.     Recorded  in  Book  X  23,  page  61,  same  office. 

Lot  163  and  Lot  A  14.  Deed  from  John  P.  De  Veaux,  dated  Feb- 
ruary 16,  1901.     Recorded  in  Book  X  23,  page  70,  same  office. 

Lot  164.  Deed  from  Mary  J.  O'Neill,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  108,  same  office. 

Lot  165.  Deed  from  Mary  A.  Corry,  dated  February  16,  1901.     Re- 
corded in  Book  X  23,  page  63,  same  office. 

Lot  167  and  Lot  A  2.  Deed  from  Henry  J.  O'Neill,  dated  Febru- 
ary 18,  1901.    Recorded  in  Book  X  23,  page  102,  same  office. 

Lot  168  and  Lot  173.  Deed  from  Benjamin  Mclnnes,  dated  Feb- 
ruary 16,  1901.     Recorded  in  Book  X  23,  page  93,  same  office. 

Lot  169.  Deed  from  Evalena  Sharkey,  dated  January  30,  1901. 
Recorded  in  Book  X  23,  page  127,  same  office. 

Lot  170.  Deed  from  Richard  J.  Morris,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  79,  same  office. 

Lot   171.  Deed   from  John  Mclnerny,  dated  February   16,   1901. 
Recorded  in  Book  X  23,  page  91,  same  office. 

Lot  172.  Deed  from  Ellen  Beasley,  elated  February  16,  1901.     Re- 
corded in  Book  X  23,  page  45,  same  office. 

Lot  172J.  Deed   from  Charles  Nelson,  dated  February   16,   1901. 
Recorded  in  Book  X  23,  page  99,  same  office. 

Lot  174.  Deed  from   Frederick   Stent,  dated  February  25,  1901. 
Recorded  in  Book  X  23,  page  131,  same  office. 
16809—10 23 


354  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

Lot  175.  Deed  from  Roger  McKevlin,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  96,  same  office. 

Lot  176  and  Lot  177.  Deed  from  Thomas  Wilson,  dated  February 
18,  1901.  Recorded  in  Book  X  23,  page  143,  same  office. 

Lot  178.  Deed  from  Cecelia  A.  McNamee,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  97,  same  office. 

Lot  179.  Deed  from  Caroline  C.  Williams,  dated  February  16, 1901. 
Recorded  in  Book  X  23,  page  140,  same  office. 

Lot  180.  Deed  from  Julius  E.  Cogswell,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  58,  same  office. 

Lot  181.  Deed  from  J.  W.  Petermann,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  109,  same  office. 

Lot  182.  Deed  from  Louis  Cohen,  dated  February  16,  1901.  Re- 
corded in  Book  X  23,  page  59,  same  office. 

Lot  183.  Deed  from  Alexander  Mclver,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  94,  same  office. 

Lot  184.  Deed  from  C.  C.  Schirmer,  dated  February  16,  1901.  Re- 
corded in.Book  X  23,  page  121,  same  office. 

Lot  185.  Deed  from  Rebie  V.  Salinas,  dated  February  20,  1901. 
Recorded  in  Book  X  23,  page  116,  same  office. 

Lot  A.  Deed  from  John  C.  Wieters,  dated  February  16,  1901.  Re- 
corded in  Book  X  23,  page  137;  same  office. 

Lot  B.  Deed  from  Charles  Litschgi,  dated  February  16,  1901.  Re- 
corded in  Book  X  23,  page  74,  same  office. 

Lot  C.  Deed  from  Harriet  E.  Chreitzberg,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  56,  same  office. 

Lot  D.  Deed  from  George  L.  Buist,  dated  January  31,  1901.  Re- 
corded in  Book  X  23,  page  50,  same  office. 

Lot  G.  Deed  from  James  C.  La  Coste,  et  al.,  dated  December  5, 1900. 
Recorded  in  Book  X  23,  page  71,  same  office. 

Lot  H.  Deed  from  Annie  P.  Yates,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  145,  same  office. 

Lot  I.  Deed  from  Lucius  Cuthbert,  dated  February  19,  1901. 
Recorded  in  Book  X  23,  page  68,  same  office. 

Lot  A-l.  Deed  from  Henry  F.  Welch,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  134,  same  office. 

Lot  A-3.  Deed  from  Jessie  E.  W.  Welch,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  135,  same  office. 

Lot  A-5.  Deed  from  Laura  O.  Crawford,  dated  November  20, 
1900.  Recorded  in  Book  X  23,  page  67,  same  office. 

Lot  A-6  and  Lot  A-12.  Deed  from  Frank  Q.  O'Neill,  dated  Feb- 
ruary 18,  1901.  Recorded  in  Book  X  23,  page  100,  same  office. 

Lot  A-7.  Deed  from  E.  I.  Anderson,  dated  February  16,  1901. 
Recorded  in  Book  X  23,  page  40,  same  office. 

Lot  A-8.  Deed  from  T.  McCarrell,  dated  February  18,  1901.  Re- 
corded in  Book  X  23,  page  88,  same  office. 

Lot  A-9.  Deed  from  Mary  G.  Baker,  dated  December  7,  1900. 
Recorded  in  Book  X  23,  page  43,  same  office. 

Lot  A-10.  Deed  from  Mary  C.  O'Neill,  dated  December  11,  1900. 
Recorded  in  Book  X  23,  page  105,  same  office. 

Lot  A-ll.  Deed  from  Anna  T.  Williams,  dated  February  16,  1901, 
Recorded  in  Book  X  23,  page  138,  same  office. 


SOUTH    CAROLINA.  355 

Lot  A-13.  Deed  from  James  B.  O'Neill,  dated  February  18,  1901. 
Recorded  in  Book  X  23,  page  104,  same  office. 

Lot  A-15.  Deed  from  Margaret  Buckley,  dated  February  25,  1901. 
Recorded  in  Book  X  23,  page  48,  same  office. 

Lot  A-16.  Deed  from  Lizzie  J.  Robertson,  dated  February  16, 
1901.  Recorded  in  Book  X  23,  page  115,  same  office. 

Lot  A-1T.  Deed  from  Harry  C.  Schirmer,  dated  February  16, 
1901.  Recorded  in  Book  X  23,  page  124,  same  office. 

Lot  A-18.  Deed  from  Elizabeth  B.  Schirmer,  dated  February  16, 
1901.  Recorded  in  Book  X  23,  page  122,  same  office. 

Lot  A-19.  Deed  from  Caroline  A.  Schachte,  dated  February  16, 
1901.  Recorded  in  Book  X  23,  page  119,  same  office. 

The  following  deeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  Lots  comprised  within  premises  ceded  to  the  United 
States  by  Act  of  the  State  Legislature,  approved  March  2,  1903. 

Lot  81.  Deed  from  Thomas  P.  O'Hagan,  dated  April  22,  1905. 
Recorded  in  Book  U  24,  page  315,  in  the  Register's  Office  of  Mesne 
Conveyances,  Charleston  County,  South  Carolina. 

Lots  82,  86  and  93.  Deed  from  Dennis  McKevlin,  dated  April  15, 
1905.  Recorded  in  Book  U  24,  page  310,  same  office. 

Lot  83.  Deed  from  Susie  McKevlin,  dated  April  12,  1905.  Re- 
corded in  Book  U  24,  page  306,  same  office. 

Lot  84.  Deed  from  Clerk  U.  S.  Circuit  Court,  District  of  South 
Carolina,  dated  May  31,  1905.  Recorded  in  Book  U  24,  page  361, 
same  office. 

Lot  84-A.  Deed  from  Cecelia  Mclnerny,  dated  April  12,  1905. 
Recorded  in  Book  U  24,  page  302,  same  office. 

Lot  84-B.  Deed  from  H.  S.  Svendsen,  dated  April  12,  1905.  Re- 
corded in  Book  U  24,  page  308,  same  office. 

Lots  84-C,  96,  114,  and  114^.  Deed  from  Bartholomew  Buckley, 
dated  June  1,  1905.  Recorded  in  Book  U  24,  page  364,  same  office. 

Lots  84i,  H5?  us,  and  134.  Deed  from  John  Mclnerny,  dated 
April  12,  1905.  Recorded  in  Book  U  24,  page  303,  same  office. 

Lot  85.  Deed  from  Mary  F.  Jara,  dated  May  2,  1905.  Recorded 
in  Book  U  24,  page  327,  same  office. 

Lot  86J.  Deed  from  Thomas  J.  McKevlin,  dated  April  15,  1905. 
Recorded  in  Book  U  24,  page  312,  same  office. 

Lot  87.  Deed  from  Johanna  Scharlock  and  Francis  Scharlock, 
dated  June  16, 1905.  Recorded  in  Book  U  24,  page  367,  same  office. 

Lot  88.  Deed  from  Annie  A.  Tobin,  dated  April  19,  1905.  Re- 
corded in  Book  U  24,  page  319,  &ame  office. 

Lot  89.  Deed  from  John  F.  Tobin,  dated  April  19,  1905.  Re- 
corded in  Book  U  24,  page  320,  same  office. 

Lot  90.  Deed  from  Maggie  Buckley,  dated  April  22,  1905.  Re- 
corded in  Book  U  24,  page  326,  same  office. 

Lot.  91.  Deed  from  Hannah  Alice  O'Hagan,  dated  May  2,  1905. 
Recorded  in  Book  U  24,  page  328,  same  office. 

Lot  92.  Deed  from  Clerk  U.  S.  Circuit  Court,  District  of  South 
Carolina,  dated  May  31,  1905.  Recorded  in  Book  U  24,  page  362, 
same  office. 

Lot  94.  Deed  from  Vermille  Elizabeth  Webb,  dated  May  2,  1905. 
Recorded  in  Book  U  24,  page  322,  same  office. 


356  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Lots  95  and  110.  Deed  from  Henry  Behrman,  dated  June  16,  1905. 
Recorded  in  Book  U  24,  page  368,  same  office. 

Lot  97.  Deed  from  Isabel  Tobias,  dated  April  20,  1905.  Recorded 
in  Book  U  24,  page  318,  same  office. 

Lot  98.  Deed  from  Clerk  U.  S.  District  Court,  Eastern  District 
of  South  Carolina,  dated  January  19,  1906.  Recorded  in  Book  U  24, 
page  386,  same  office. 

Lot  99.  Deed  from  Mary  O.  Aimar,  dated  May  2,  1905.  Recorded 
in  Book  U  24,  page  323,  same  office. 

Lot  100.  Deed  from  Trustees  of  Protestant  Episcopal  Church,  in 
South  Carolina,  dated  June  22,  1905.  Recorded  in  Book  U  24,  page 
370,  same  office. 

Lot  109.  Deed  from  Priscilla  S.  Salter,  dated  April  20,  1905.  Re- 
corded in  Book  U  24,  page  317,  same  office. 

Lot  109|,  Deed  from  T.  S.  Blanchard,  dated  May  3,  1905.  Re- 
corded in  Book  U  24,  page  324,  same  office. 

Lot  111.  Deed  from  Mary  Cahill  and  Mary  Jane  Cahill,  dated 
May  20,  1905.  Recorded  in  Book  U  24,  page  358,  same  office. 

Lot  112.  Deed  from  Josephine  McGuire,  dated  May  5,  1905.  Re- 
corded in  Book  U  24,  page  329,  same  office. 

Lot  113.  Deed  from  Mary  Frances  Touhey,  dated  May  2,  1905. 
Recorded  in  Book  U  24,  page  321,  same  office. 

Lot  113|.  Deed  from  Ferdinand  Cherry,  dated  April  12,  1905. 
Recorded  in  Book  U  24,  page  301,  same  office. 

Lot  116.  Deed  from  Miriam  Cohen  and  Isabel  Cohen,  dated  May 
12,  1905.  Recorded  in  Book  U  24,  page  359,  same  office. 

Lot  117.  Deed  from  Mattie  R.  Riggs,  dated  May  15,  1905.  Re- 
corded in  Book  U  24,  page  357,  same  office. 

Lot  129.  Deed  from  Thomas  J.  McGolrick,  elated  August  2,  1904. 
Recorded  in  Book  R  24,  page  256,  same  office. 

Lot  130.  Deed  from  M.  Pozaro,  dated  August  2,  1904.  Recorded 
in  Book  R  24,  page  255,  same  office. 

Lot  130-A.  Deed  from  E.  A.  Svendsen,  dated  April  12,  1905.  Re- 
corded in  Book  U  24,  page  307,  same  office. 

Lot  130-B.  Deed  from  Joseph  P.  Mclnerny,  dated  May  2,  1905. 
Recorded  in  Book  U  24,  page  314,  same  office. 

Lot  1301.  Deed  from  C.  T.  Blanchard,  dated  April  12,  1905.  Re- 
corded in  Book  U  24,  page  298,  same  office. 

Lots  133  and  135.  Deed  from  E.  S.  Burnhain,  elated  April  12,  1905. 
Recorded  in  Book  U  24,  page  299,  same  office. 

Lot  136.  Deed  from  William  E.  Huger,  dated  April  14,  1905.  Re- 
corded in  Book  U  24,  page  309,  same  office. 

The  following  eleeds  release  the  title  of  the  grantors  to  improve- 
ments, etc.,  on  premises  ceded  to  the  United  States  by  Act  of  the  State 
Legislature,  approveel  February  22,  1905. 

Deed  from  James  A.  Truesdell,  dated  February  18,  1905,  conveying 
his  interest  in  lands,  etc.,  south  of  the  right  of  way  of  the  Seashore 
Division  of  the  Charleston  Consolidated  Railway,  Gas  anel  Electric 
Company,  and  east  of  the  street,  and  the  extension  thereof  southward, 
designated  as  Sixth  Street  on  the  plan  of  Moul-trieville  made  by 
Lamble,  surveyor,  1899,  and  recorded  in  Book  D,  page  184,  R.  M.  C. 
Office,  Charleston  County.  Deed  recorded  in  Book  U  24,  page  333, 
same  office. 


SOUTH   CAEOLINA.  357 

Deed  from  The  Town  Council  of  Moultrieville,  dated  January  23, 
1905,  conveying  its  interest  in  same  premises  as  above.  Recorded  in 
Book  U  24,  page  330,  same  office. 

Under  Act  of  February  19,  1906,  the  United  States  acquired  full 
title  to  the  premises  granted  thereby,  being  two  lots  measuring  200  x 
225  feet,  approximately — it  appearing  that  there  were  no  private 
rights  therein. 

These  lots  were  acquired  with  the  understanding  that  the  Life- 
Saving  Service  should  have  the  permanent  use  of  all  of  the  land  ex- 
cept a  small  portion  in  the  northwest  corner,  measuring  40  feet  along 
Ion  street  by  75  feet  deep,  which  was  required  for  a  secondary  mine- 
defense  observing  station.  Pursuant  to  this  understanding  the  trans- 
fer was  made  by  letter  to  the  Secretary  of  the  Treasury,  dated  Sep- 
tember 14,  1906. 

The  Act  of  December  24,  1894,  provides  "  That  all  streets,  roads 
and  highways  within  the  said  tracts  or  parcels  of  land  "  (i.  e.,  those 
granted  by  the  Act)  "  are  vacated  and  discontinued  from  the  time  the 
said  grant  becomes  effectual." 

The  Act  of  February  9,  1900,  contains  the  same  provision,  with  the 
addition  of  the  words  "  except  as  herein  otherwise  provided."  This 
is  understood  to  refer  to  the  exceptions  from  the  grant  by  the  words 
"  excepting  from  the  area  described  those  portions  which  are  occupied 
and  in  use  by  the  public  as  highways,  known  as  Central  Avenue  and 
Beach  Avenue."  (Acts  of  S.  C.,  1900,  page  422.) 

The  Act  of  February  8,  1901,  grants  title  to  "  the  land  comprising 
those  portions  of  Central  Avenue  and  Beach  Avenue  "  which  lie  be- 
tween Pettigru  and  Sumter  streets  (L  e.,  those  portions  within  the 
reservation),  and  vacates  and  discontinues  said  portion  of  Beach 
Avenue  as  a  public  highway ;  upon  the  following  provisos : 

"  That  the  portion  of  Central  Avenue  herein  ceded  shall  be  forever 
kept  open  as  a  public  street;  and  this  cession  shall  in  no  way  interfere 
with  any  private  rights,  or  any  franchise  heretofore  legally  granted 
with  reference  to  said  Central  Avenue :  And  provided,  further,  That 
this  State  reserves  the  right  to  authorize  the  laying  and  maintaining 
of  tracks  for  railroad  or  traction  purposes  on  and  across  the  portion 
of  Central  Avenue  ceded,  or  on  lands  contiguous  thereto,  and  lying 
within  15  feet  of  the  same."  (Acts  of  S.  C.,  1901,  page  608.) 

The  Act  of  March  2,  1903,  contains,  substantially,  the  same  provi- 
sion vacating  streets,  etc.,  within  the  area  granted,  with  an  exception 
of  Central  Avenue,  and  further  provides :  "  that  the  portion  of  Cen- 
tral Avenue  within  the  tract  herein  ceded  shall  be  forever  kept  open 
as  a  public  street,  and  shall,  together  with  its  continuation  through 
the  Government  reservation,  be  kept  in  proper  condition  and  repair 
by  the  Government ;  and  this  cession  shall  in  no  way  interfere  with 
any  private  rights  or  any  franchise  heretofore  legally  granted  with 
reference  to  said  Central  Avenue :  And  provided,  further,  That  this 
State  reserves  the  right  to  authorize  the  laying  and  maintaining  of 
tracks  for  railroad  or  traction  purposes  on  or  across  the  portion  of 
Central  Avenue  ceded,  or  on  lands  contiguous  thereto,  and  lying 
within  fifteen  feet  of  the  same."  (Acts  of  S.  C.,  1903,  page  4.) 

The  Acts  of  February  22,  1905,  and  February  19,  1906,  contain  a 
provision  vacating  "  all  streets,  roads,  rights  of  way,  and  highways 
within  said  tract  or  parcel  of  land  *  *  *  from  the  time  the 


358  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

said  grant  becomes  effectual,  saving  such  as  are  expressly  excepted  or 
reserved  in  this  Act  " — this  exception  referring  to  the  following  pro- 
visions of  the  Act : 

"Provided,  further,  And  the  said  grant  is  made  subject  to  the  fol- 
lowing reservations  and  exception,  to  wit:  that  such  portion  of  the 
front  beach  of  said  Sullivan's  Island  included  within  the  limits  of 
said  grant,  as  lies  below  a  line  drawn  along  said  beach  twenty  (20) 
feet  above  high  water  mark,  and  parallel  thereto,  shall  be  always 
open  to  the  public  as  a  footway  and  driveway,  so  that  the  public 
shall  have  the  free  and  unobstructed  right  of  passage  by  foot  and 
carriage  upon,  over  and  across  the  same,  subject  to  the  right  of  the 
said  United  States  Government  to  close  and  exclusively  occupy  the 
same,  so  far  as  the  reservations  in  this  proviso  are  concerned,  at  the 
following  times  and  under  the  following  circumstances,  to  wit : 

1.  During  hours  of  actual  target  practice  in,  over  or  upon  the  said 
portion  of  the  said  premises   (during  (or  prior  to)   which  time  of 
closure,  due  and  proper  notice  of  the  same  shall  be  given  to  the 
public). 

2.  During  hours  of  actual  military  drill  in,  over  and  upon  the  said 
portion  of  the  said  premises,  and 

3.  During  time  of  war."     (Acts  of  S.  C.,  1905,  page  825.) 

The  Act  of  February  20,  1908,  as  amended  by  Act  of  March  4, 
1909  (Acts,  S.  C.,  1909,  page  180),  provides  that  the  portions  of 
streets  and  avenues  within  the  tract  granted  thereby  "  shall  be  for- 
ever kept  open  as  public  streets ;"  that  the  cession  "  shall  in  no  way 
interfere  with  the  private  rights  of  any  franchise  heretofore  legally 
granted  with  reference  to  Middle  Street  and  Central  Avenue;"  and 
grants  the  "  streets  and  avenues  between  the  east  and  west  lines  of 
the  original  reservation  of  Fort  Moultrie,  as  said  reservation  existed 
on  January  first,  eighteen  hundred  and  ninety-four  *  *  sub- 

ject to  the  same  provisos  and  conditions." 

Jurisdiction  was  ceded  to  the  United  States  over  the  tracts  granted 
to  the  United  States  by  the  said  Acts  of  December  24,  1894,  Febru- 
ary 9,  1900,  March  2,  1903,  February  22,  1905,  and  February  19,  1906, 
in  terms,  substantially,  as  follows: 

"  SECTION  1.  Be  it  enacted,  etc.  That  the  right,  title  and  interest 
of  this  state  to,  and  the  jurisdiction  of  this  state  over,  the  following 
described  tracts  or  parcels  of  land,  and  land  covered  with  water, 
situated  in  the  town  of  Moultrieville,  on  Sullivan's  Island,  in  the 
County  of  Charleston,  in  this  state,  be,  and  the  same  are  hereby, 
granted  and  ceded  to  the  United  States  of  America "  (purposes 
stated:  "As  sites  for  the  location,  construction  and  prosecution  of 
works  of  fortification  and  coast  defenses  "  in  Act  of  December  24, 
1894 ;  same  with  addition  of  words  "  and  for  the  uses  of  the  garri- 
son "  in  Act  of  February  9,  1900 ;  "  for  the  enlargement  of  the  mili- 
tary reservation  on  said  island  "  in  Acts  of  March  2,  1903,  February 
22,  1905,  February  19,  1906,  and  February  20,  1908,  as  amended 
March  4,  1909)  *  *  *  "  to  wit:"  (Here  follows  descriptions  by 
metes  and  bounds  of  the  tracts  granted  by  the  several  Acts)  ;  "Pro- 
vided, that  there  is  hereby  reserved  to  this  State  a  concurrent  jurisdic- 
tion for  the  execution  within  said  lands  of  all  process,  civil  or  crimi- 
nal, lawfully  issued  by  the  Courts  of  this  State,  and  not  incom- 
patible with  this  cession." 


SOUTH   CAROLINA.  359 

The  Act  of  February  8,  1901,  cedes  jurisdiction  over  those  portions 
of  Beach  and  Central  Avenues  within  the  reservation,  subject  to  the 
same  provision  as  to  service  of  process. 

Easement:  The  Charleston  Consolidated  Railway  Gas  and  Electric 
Company  operates  a  street  car  line  through  the  reservation  along 
Central  Avenue,  in  accordance  with  the  provisions  of  section  1,  of  the 
Act  of  the  State  Legislature,  approved  March  2,  1903. 

Revocable  License:  License,  September  22,  1897,  to  the  Town  Coun- 
cil of  Moultrieville  to  occupy  and  use  for  street  purposes  a  triangular 
parcel  of  land  on  the  reservation. 

CASTLE  PINCKNEY. 

This  reservation  contains  an  area  of  about  3.50  acres,  and  is  sit- 
uated on  Shute's  Folly  Island,  at  the  mouth  of  Cooper  River,  opposite 
the  southern  extremity  of  the  City  of  Charleston,  and  about  1  mile 
distant  therefrom.  The  title  is  as  follows : 

1.  Ceded  to  the  United  States  by  the  State  of  South  Carolina  by  an 
act  of  the  Legislature  passed  December  19,  1805.. 

2.  Land  resurveyed  and  regranted  to  the  United  States  by  an  act  of 
the  State  Legislature  passed  December  18,  1846. 

For  the  foregoing  acts  see  Fort  Moultrie. 

FORT    SUMTER. 

This  reservation  contains  an  area  of  about  2.4  acres,  and  is  situated 
at  the  entrance  to  Charleston  Harbor,  5  miles  from  the  City  of 
Charleston,  on  made  island,  and  midway  between  Forts  Moultrie  and 
Johnson.  The  title  and  jurisdiction  were  ceded  to  the  United  States 
by  Resolution  of  the  Legislature  of  South  Carolina  providing  as 
follows : 

"  Resolved,  That  this  State  do  cede  to  the  United  States,  all  the 
right  title  and  claim  of  South  Carolina  to  the  site  of  Fort  Sumter 
and  the  requisite  quantity  of  adjacent  territory,  Provided,  That  all 
processes,  civil  and  criminal  issued  under  the  authority  of  this  State, 
or  any  officer  thereof,  shall  and  may  be  served  and  executed  upon  any 
of  the  land  so  ceded,  or  structures  to  be  erected  upon  the  same,  and 
any  person  there  being  who  may  be  implicated  in  law ;  and  that  the 
said  land,  site  and  structures  enumerated,  shall  be  forever  exempt 
from  liability  to  pay  any  tax  to  this  State. 

"Also  resolved,  That  the  State  will  extinguish  the  claim,  if  any 
valid  claim  there  be,  of  any  individuals  under  the  authority  of  this 
State,  to  the  land  hereby  ceded. 

"Also  resolved,  That  the  Attorney-General  be  instructed  to  investi- 
gate the  claims  of  Wm.  Laval  and  others,  to  the  site  at  Fort  Sumter, 
and  adjacent  land  contiguous  thereto;  and  if  he  shall  be  of  opinion, 
that  these  parties  have  a  legal  title  to  the  said  land,  that  Generals 
Hamilton  and  Hayne  and  James  L.  Pringle,  Thomas  Bennett,  and 
Ker.  Boyce,  Esquires,  be  appointed  Commissioners  on  behalf  of  the 
State,  to  appraise  the  value  thereof.  If  the  Attorney-General  should 
be  of  opinion  that  the  said  title  is  not  legal  and  valid,  that  he  proceed 
by  scire  facias  or  other  proper  legal  proceedings  to  have  the  same 
avoided;  and  that  the  Attorney-General  and  the  said  Commissioners 
report  to  the  Legislature  at  its  nex^  session. 


360  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

The  foregoing  Resolution  was  recorded  in  Book  C,  No.  11,  page 
310,  etc.,  in  the  Register's  Office  of  Mesne  Conveyances  at  Charleston 
July  9,  1840. 


FORT   WINYAW. 


This  reservation  contains  an  area  of  about  7  acres  and  is  situated 
on  what  is  called  Blythe's  Point,  at  the  mouth  of  Sampit  Creek  or 
Georgetown  River,  Georgetown  Harbor,  in  Georgetown  District. 
The  title  is  as  follows  : 

Deed  from  Joseph  Blythe,  dated  April  21,  1812,  conveying  7  acres, 
on  Blythes  Point.  Recorded  in  Book  J,  page  141,  etc.,  in  the  Regis- 
ter's Office  for  Mesne  Conveyances  for  the  Georgetown  District,  May 
13,  1812,  and  in  Book  G,  No.  8,  page  30,  etc.,  in  the  Register's  Office 
for  Mesne  Conveyances  for  the  Charleston  District,  April  29,  1812. 

Consent  to  the  purchase  was  given  and  jurisdiction  ceded  by  Acts 
of  the  State  Legislature,  passed  December  19,  1805,  and  December  17, 
1808,  which  acts  are  as  follows: 

(For  Act  passed  December  19,  1805,  see  Fort  Moultrie.) 

"  Whereas  by  an  act  passed  the  nineteenth  day  of  December,  one 
thousand  eight  hundred  and  five,  entitled  'An  Act  to  cede  to  the 
United  States  various  forts,  fortifications  and  sites  for  the  erection 
of  forts  '  it  is  enacted  tliat  a  quantity  of  land  not  exceeding  four 
acres  for  a  battery  or  fort  and  necessary  buildings  on  Doctor  Blythe's 
point  of  land  at  the  mouth  of  Sampit  river  shall  be  ceded  to  the 
United  States,  and  wrhereas  it  is  necessary  to  cede  a  greater  quantity 
of  land  for  the  purposes  aforesaid  : 

"  1.  Be  it  therefore  enacted,  etc.,  That  there  shall  be  and  hereby  is 
granted  to  the  United  States  of  America,  all  the  right  title  and  claim 
of  the  State  to  a  quantity  of  land  not  exceeding  six  acres  on  Doctor 
Blythe's  point  of  land  at  the  mouth  of  Sampit  river  adjoining  and  in 
addition  to  the  quantity  of  land  not  exceeding  four  acres  by  the  act 
aforesaid  granted  to  the  United  States  for  a  battery  or  fort  and 
necessary  buildings. 

"  2.  And  be  it  enacted,  etc.,  That  Joseph  Alston,  Savage  Smith, 
Benjamin  Hager,  John  Keith,  and  Paul  Trapier  or  any  three  of  them 
be  and  they  are  hereby  appointed  Commissioners  and  authorized  to 
locate  by  proper  metes  and  bounds  at  the  expense  of  this  State  so  far 
as  the  charges  of  surveyors  shall  be  incurred,  the  above  mentioned 
quantity  of  land,  and  who  shall  return  into  the  Office  of  the  Secretary 
of  this  State  on  or  before  the  first  day  of  June  in  the  year  one  thou- 
sand eight  hundred  and  nine,  a  fair  plat  of  survey  and  accurate 
description  of  the  said  land  so  ceded,  setting  forth  the  limits  and 
bounds  of  the  same. 

"  3.  And  be  it  further  enacted,  etc.,  That  all  the  provisions  restric- 
tions and  clauses  contained  in  the  aforesaid  Act  applicable  and  rela- 
tive to  the  quantity  of  land  not  exceeding  four  acres  of  land  on  Doctor 
Blythe's  point  of  land  at  the  mouth  of  Sampit  river  thereby  ceded 
to  the  United  States  shall  be,  and  the  same  are  hereby  declared  to  be 
applicable  and  relative  to  the  quantity  of  land  not  exceeding  six  acres 
by  this  act  ceded  and  granted  to  the  United  States." 

Revocable  License:  License,  January  13,  1857,  .to  the  Treasury 
Department  to  occupy  a  portion  of  the  reservation  for  light  house 
purposes. 


SOUTH  DAKOTA.  361 

SOUTH  DAKOTA. 

FORT  MEADE. 

This  reservation  contains  an  area  as  follows:  Post  reservation, 
12.50  square  miles,  and  Wood  and  Timber  reservation  27,293  acres. 
It  is  situated  in  Meade  County,  near  the  town  of  Sturgis,  on  the 
Fremont,  Elkhorn  and  Missouri  Valley  Railroad.  The  title  is  as 
follows  : 

As  a  part  of  the  public  domain  the  following  reservations  were 
made : 

1.  By  Executive  Order  dated  December  18,  1878,  Post  reservation 
was  declared. 

2.  By  same  authority,  dated  April   18,  1881,  Wood  and  Timber 
reservation  decla m  1 . 

3.  Executive  Order  dated  May  27,  1885,  modified  original  order. 

4.  Executive  Order  dated  September  16,  1889,  Wood  and  Timber 
reservation  enlarged. 

The  following  part  of  the  Post  reservation  was  acquired  by  pur- 
chase : 

Twenty-one  acres,  more  or  less,  fully  described  in  a  deed  from 
William  McMillan  and  wife,  dated  April  2,  1889.  Recorded  in  Book 
G7,  page  338,  etc.,  of  the  deed  records  of  Lawrence  County.  See 
G.  O.  No.  78,  War  Dept.,  April  18,  1906. 

Jurisdiction  was  ceded  to  the  United  States  by  Paragraph  5,  of 
Section  18,  Article  26,  of  the  Constitution  of  South  Dakota,  as 
follows : 

"  Fifth.  That  jurisdiction  is  ceded  to  the  United  States  over  the 
military  reservations  of  Fort  Meade,  Fort  Randall,  and  Fort  Sully, 
heretofore  declared  by  the  President  of  the  United  States:  Provided, 
Legal  process,  civil  and  criminal,  of  this  State  shall  extend  over  such 
reservations  in  all  cases  of  which  exclusive  jurisdiction  is  not  vested 
in  the  United  States,  or  of  crimes  not  committed  within  the  limits  of 
such  reservations." 

Easement:  Act  of  Congress,  approved  February  28,  1887,  granted 
a  right  of  way  100  feet  in  width  across  the  reservation  to  the  Fre- 
mont, Elkhorn  and  Missouri  Valley  Railroad  Company.  Definite 
location  approved  by  Secretary  of  War,  June  16,  1887. 

Revocable  Licenses:  License,  August  4,  1882,  to  Mrs.  M.  E.  Fletcher 
to  take  water  from  Bear  Creek  by  means  of  a  ditch  running  about  300 
feet  through  the  reservation. 

License,  February  6,  1885,  to  citizens  of  town  of  Sturgis  to  con- 
struct a  road  across  the  southeast  corner  of  the  reservation. 

License,  July  20,  1897,  to  The  Sturgis  Electric  Light  and  Railway 
Company  to  lay  tracks  and  erect  poles  and  wires  on  the  reservation. 

License,  April  28,  1906,  to  The  Nebraska  Telephone  Co.,  for  tele- 
phone system  on  reservation. 

License,  September  16,  1908,  to  A.  Reed  for  telephone  line  across 
reservation. 

License,  November  19,  1908,  to  The  Nebraska  Telephone  Co.,  for 
telephone  line  across  reservation. 


362  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

MILITIA  TARGET  RANGE. 

This  range  is  situated  near  Watertown,  in  Codington  County,  and 
comprises  an  area  of  about  110  acres.  The  title  is  as  follows : 

1.  Deed  from  H.  D.  Walrath,  et  ux.,  dated  December  4,  1906,  con- 
veying 40  acres,  subject  to  an  easement  for  water  pipes.     Recorded 
in  Book  71  of  Deeds,  page  18,  Deed  Records  of  Codington  County. 

2.  Deed  from  C.  W.  Stutenroth,  et  ux.,  dated  October  7,  1908,  con- 
veying about  70  acres.     Recorded  in  Book  77  of  Deeds,  page  60,  of 
same  records. 

TENNESSEE. 

ACT    CEDING    JURISDICTION    OVER    NATIONAL    CEMETERIES. 

"  Whereas  in  the  late  bloody  sacrifice  to  restore  and  maintain  to 
the  people  of  Tennessee  the  imperiled  free  institutions  of  our  fathers, 
more  than  fifty-five  thousand  of  our  fallen  patriots  were  buried  in 
our  State,  and  the  Government  of  our  Common  Union  has  provided 
appropriate  cemeteries  for  the  remains  of  these  victims  of  rebellion 
and  requires  that  these  cemeteries  be  held  sacred  under  the  protection 
of  the  Nation :  Therefore, 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  exclusive  jurisdiction  over 
the  several  tracts  of  land  and  parcels  of  ground  with  the  appur- 
tenances thereto,  obtained,  purchased,  used  or  occupied  for  burial 
purposes  by  or  for  the  United  States  hereinafter  described  by  their 
names  and  location,  with  the  premises  thereto  attached  for  officers' 
and  soldiers'  quarters  and  for  guards  is  hereby  ceded  to  the  United 
States:  Provided,  however,  That  jurisdiction  thereof  shall  be  re- 
tained by  the  State  of  Tennessee  so  far  as  to  punish  offenders  against 
this  law  by  presentment  or  indictment  and  fine  or  imprisonment  as 
hereinafter  provided : 

"  Knoxville  National  Cemetery,  in  Knox  County,  containing  about 
4  acres. 

"  Chattanooga  National  Cemetery,  in  Hamilton  County,  containing 
about  75  acres. 

"  Stones  River  National  Cemetery,  in  Rutherford  County,  contain- 
ing about  16  acres. 

"  Shiloh  National  Cemetery,  in  Hardin  County,  containing  about 
10  acres. 

"  Cumberland  River  National  Cemetery,  in  Stewart  County,  con- 
taining about  25  acres. 

"  Mississippi  River  National  Cemetery,  in  Shelby  County,  contain- 
ing about  25  acres. 

"Nashville  National  Cemetery  (on  Craighead  place,  so  called),  in 
Davidson  County,  containing  about  64  acres. 

"  Columbia  National  Cemetery,  in  Maury  County,  containing  about 
acres. 

"  Cumberland  Gap  National  Cemetery,  in  Claiborne  County,  con- 
taining about  2  acres. 

"  Hazen's  'Brigade  National  Cemetery,  in  Rutherford  County,  con- 
taining about  2  acres. 

"  SEC.  2.  That  the  exclusive  jurisdiction  over  all  tracts  and  parcels 
of  land,  with  the  buildings  and  appurtenances  belonging  to  the  same 


TENNESSEE.  363 

including  the  quarters  for  Officers,  Keepers,  Guards  or  Soldiers  in 
charge  of  the  same,  and  the  premises  connected  therewith,  now  or  at 
any  time  hereafter  purchased,  used  or  occupied  by  the  United  States, 
their  Officers  or  Agents,  for  Cemeteries  or  burial  places  within  the 
limits  of  this  State,  is  hereby  ceded  to  the  United  States,  and  when- 
ever such  premises  shall  be  no  longer  required,  used  or  occupied  by 
the  United  States,  the  jurisdiction  of  such  abandoned  property  may 
revert  to  the  State  of  Tennessee. 

"  SEC.  3.  The  property  over  which  jurisdiction  is  ceded  herein  shall 
be  held  exonerated  and  free  from  any  taxation,  or  assessment  under 
the  authority  of  this  State  or  of  any  municipality  therein,  until  the 
jurisdiction  shall  have  reverted,  and  the  title  and  possession  to  said 
cemeteries,  grounds,  buildings  and  appurtenances  shall  be  protected 
to  the  United  States,  and  no  process  of  any  court  shall  be  permitted 
against  the  same,  or  to  dispossess  the  Officers  or  Agents  of  the  United 
States,  thereof,  without  restricting  any  just  claim  for  damages  or 
value,  in  the  form  or  mode  provided  by  the  United  States  for  prose- 
cuting the  same. 

"  SEC.  4.  That  any  malicious,  wilful,  reckless  or  voluntary  injury 
to,  or  mutilation  of  the  graves,  monuments,  fences,  shrubbery,  orna- 
ments, walks  or  buildings  of  any  of  said  Cemeteries  or  burial  places 
or  appurtenances,  shall  subject  the  offender  or  offenders,  each,  to  a  fine 
of  not  less  than  twenty  dollars,  to  which  may  be  added,  for  an  aggra- 
vated offense,  imprisonment  not  exceeding  six  months  in  the  County 
Jail  or  Work-house,  to  be  prosecuted  before  any  Court  of  competent 
jurisdiction. 

"  SEC.  5.  That  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage." 

(Passed  March  9,  1867.     Code  of  Tenn.,  1884,  sec.  72.) 

CHATTANOOGA    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  129.53  acres,  about  75  acres  in- 
closed. It  is  situated  at  Chattanooga,  Hamilton  County.  The  ceme- 
tery was  founded  by  order  of  Maj.  Gen.  George  H.  Thomas,  Decem- 
ber 25,  1863,  in  commemoration  of  the  Battle  of  Chattanooga  fought 
November  23,  24,  25,  26  and  27,  and  to  provide  a  proper  resting  place 
for  the  remains  of  the  brave  men  who  fell  upon  the  fields  fought  over 
upon  those  days,  and  for  the  remains  of  such  as  may  hereafter  give 
up  their  lives  in  this  region  in  defending  their  country  against  trea- 
son and  rebellion.  The  hill  beyond  the  Western  and  Atlantic  Rail- 
road in  a  southeasterly  direction  from  the  city  of  Chattanooga  was 
selected  as  the  site.  Board  appointed  to  appraise  land,  etc.,  by 
Special  Order  82,  Headquarters  Military  Division  of  Tennessee,  re- 
ported with  recommendations  to  conform  to  Act  of  Congress  ap- 
proved February  22,  1867.  Approved  by  the  Secretary  of  War 
March  23,  1867.  A  portion  of  the  land  within  the  present  area  for- 
merly belonged  to  the  United  States,  and  was  known  as  the  Military 
Post  of  Chattanooga.  This  portion  was  by  order  of  the  War  Depart- 
ment, dated  February  5,  1884,  declared  to  be  a  part  of  the  National 
Cemetery.  The  title  to  the  reservation  is  as  follows : 

1.  Deed  from  Robert  M.  Hooke,  dated  July  14,  1870,  conveying 
48.92  acres  of  land.  Recorded  in  Book  T,  pages  142  and  143,  of  the 
deed  records  of  Hamilton  County. 


364  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

2.  Deed  from  T.  G.  Montague,  dated  August  12,  1870,  conveying 
3/5  acres  of  land. 

3.  Deed  from  H.  F.  Parrish,  dated  August  16,  1870,  conveying  a 
tract  by  metes  and  bounds.     Recorded  in  Book  T,  pages  226  and  227, 
of  same  records. 

4.  Decree  of  Condemnation  in  the  District  Court  of  the  United 
States  for  the  Eastern  District  of  Tennessee,  in  the  case  of  Joseph 
Ruohs  et  al.  v.  The  United  States,  involving  the  whole  of  the  lands 
within  said  reservation,  as  follows:  Lands  owned  by  Joseph  Ruohs, 
75.45  acres;  lands  owned  by  Robert  M.  Hooke,  48.92  acres;  lands 
owned  by  J.  R.  Slayton,  2.82  acres,  and  lands  owned  by  the  heirs  of 
John  Ambler,  deceased,  2.34  acres,  the  whole  aggregating  129.53  acres 
of  land.     Decree  made  final  February  20,  1869,  and  filed  with  the 
record  in  said  cause  in  the  Clerk's  office  of  said  Court  at  Knoxville. 

By  Ordinance,  dated  February  7,  1882,  the  city  of  Chattanooga 
granted  to  the  United  States  that  portion  of  Montgomery  Avenue 
from  its  intersection  with  Market  Street,  eastwardly  to  the  city  limits; 
also  certain  land  to  continue  the  road  to  the  cemetery. 

Jurisdiction  was  ceded  by  Act  of  the  State  Legislature  passed 
March  9,  1867,  ante. 

Easement:  By  Act  of  Congress,  approved  May  1,  1886,  the  city  of 
Chattanooga  was  granted  the  right  to  construct  a  roadway  60  feet 
in  width  and  about  860  feet  in  length  across  the  reservation. 

By  deed  dated  February  20,  1905,  the  Secretary  of  War,  pursuant 
to  Joint  Resolution  of  Congress,  approved  February  3,  1905,  turned 
over  to  Troop  B,  Unattached  Cavalry,  National  Guard  of  Tennessee, 
that  portion  of  the  cemetery  reservation  "  lying  outside  of  said  ceme- 
tery and  west  of  the  south  gate  thereof,"  subject  to  the  limitations 
and  provisions  of  said  Joint  Resolution,  including  the  reservation  of 
the  right  to  use  the  premises  for  military  purposes. 

CHICKAMAUGA    AND    CHATTANOOGA    NATIONAL    PARK. 

See  "  Chickamauga  and  Chattanooga  National  Park,"  under 
Georgia. 

FORT  DONELSON   NATIONAL,  CEMETERY. 

This  reservation  contains  an  area  of  15.34  acres,  about  5  acres  in- 
closed, and  is  situated  at  Dover,  on  the 'Cumberland  River,  in  Stewart 
County.  The  title  is  as  follows: 

Dee'd  from  James  P.  Flood  and  Nathan  Brandon,  dated  April  23, 
1867,  conveying  the  above  tract.  Recorded  in  Book  A,  page  197, 
of  the  deed  records  of  Stewart  County. 

Jurisdiction  was  ceded  by  act  of  the  State  Legislature  approved 
March  9,  1867,  ante. 

HAZEN    MONUMENT. 

This  reservation  contains  an  area  of  145  poles  of  land,  and  is  situ- 
ated in  Rutherford  County,  near  Murfreesboro,  between  the  Nash- 
ville, Murfreesboro  and  Shelbyville  Turnpike  and  the  Nashville  and 
Chattanooga  Railroad.  The  title  is  as  follows : 

1.  Decree  of  Condemnation  for  above  property  in  a  proceeding  en- 
titled R,  D.  Jamison,  Administrator,  etc.,  et  al.  v.  J.  B.  Cowan  et  al., 


TENNESSEE.  365 

in  the  Chancery  Court  for  Rutherford  County;  rendered  at  the  Oc- 
tober term,  1874.  Sale  upon  decree.  Purchased  by  the  United  States 
February  1,  1875,  and  confirmed  April  26,  1875.  Decree,  Order  and 
Report,  and  Confirmation  of  sale  filed  with  the  record  in  the  Clerk's 
Office  of  said  Court, 

2.  Deed  from  J.  W.  Sparks,  Clerk  and  Master  of  the  Chancery 
Court  at  Murfreesboro,  for  Rutherford  County,  dated  May  5,  1875, 
conveying  the  property  in  accordance  with  above  decree.  Registered 
in  Book  21,  page  144,  and  noted  in  Notebook  2,  page  11,  of  the  deed 
records  of  Rutherford  County. 

For  jurisdiction  see  Act  of  March  9,  1867,  ante. 

KNOXVILLE    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  9.83  acres  of  land,  to  which  is 
added  a  right  of  way,  and  is  situated  at  Knoxville,  in  Knox  County. 
The  title  is  as  follows : 

1.  Deed  from  John  Damron,  dated  June  10,  1867,  conveying  10 
acres  of  land,  more  or  less.    Registered  in  Book  F,  Vol.  3,  page  137. 
of  the  deed  records  of  Knox  County. 

2.  Appraisement  of  above  land  and  Decree  of  Court  in  cause  of 
John  Damron  v.  The  United  States,  rendered  May  22,  1867,  in  the 
District  Court  of  the  United  States  for  the  Eastern  District  of  Ten- 
nessee, and  filed  in  the  Clerk's  Office  of  said  Court  at  Knoxville. 

The  right  of  w^ay  from  a  point  in  the  city  of  Knoxville  to  the 
National  Cemetery  was  procured  by  authority  of  an  Act  of  Congress, 
approved  July  28,  1886,  and  title  is  as  follows : 

1.  Right  of  Way  granted  January  5.  1886,  by  the  Road  Commis- 
sioner of  the  Second  District  of  Knox  County. 

2.  Right  of  Way  granted  (and  jurisdiction  to  manage,  etc.)  Sep- 
tember 3,  1886,  by  the  Mayor  and  Aldermen  of  the  City  of  Knoxville. 
Ordinance  filed  in  the  Clerk's  Office  at  Knoxville.    The  validity  of 
this  grant  has  been  questioned  as  being  ultra  vires. 

Jurisdiction  was  ceded  by  Act  of  the  State  Legislature,  approved 
March  9,  1867,  ante. 

MEMPHIS   NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  43.91  acres,  about  37  acres  in- 
closed. It  is  situated  about  7  miles  from  Memphis,  in  Shelby  County. 
The  title  is  as  follows : 

1.  Deed  from  William  Sides,  dated  February  20,  1867,  conveying 
8  acres  of  land.    Recorded  in  Record  Book  No.  68,  page  156,  etc.,  of 
the  deed  records  of  Shelby  County. 

2.  Deed  from  Augustus  Alston,  Clerk  and  Master  in  Chancery, 
dated  April  8,  1867,  conveying  16  acres  of  land.     Recorded  in  Rec- 
ord Book  No.  68,  page  216,  etc.,  of  same  records. 

3.  Deed  from  Coleman  Boyd,  surviving  partner,  etc.,  et  al.,  dated 
May  23,  1868,  conveying  19.91  acres  of  land. 

For  jurisdiction  see  Act  of  March  9, 1867,  ante. 


366  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

MILITIA  TARGET  RANGE. 

This  range  is  situated  in  Knox  County,  and  comprises  an  area  of 
120.9  acres.  The  title  is  as  follows : 

1.  Deed  from  Harry  Gpdby  Tarvin,  et  ux.,  dated  August  10,  1907, 
conveying  Lot  1,  containing  53  acres.    Recorded  in  Book  218,  page 
288,  of  the  Deed  Records  of  Knox  County. 

2.  Deed  from  John  Cogle  Tarvin,  et  ux.,  dated  August  10,  1907, 
conveying  two  tracts,  aggregating  67.9  acres.    Recorded  in  Book  218, 
page  287,  of  same  records. 

NASHVILLE  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  65  acres,  about  60.60  acres  in- 
closed. It  is  situated  6  miles  north  of  Nashville,  on  the  Gallatin 
Turnpike,  and  1£  miles  from  Madison,  in  Davidson  County.  The 
title  is  as  follows : 

1.  Deed  from  Morton  B.  Howell,  Clerk  and  Master  of  the  Chan- 
cery Court  at  Nashville  for  the  County  of  Davidson,  dated  July  3, 
1866,  conveying  45.91  acres  of  land.     Registered  in  Book  No.  38, 
page  648,  of  the  deed  records  of  Davidson  County. 

2.  Decree  of  Condemnation  and  sale  ordered  of  17  acres  and  156 
poles  in  cause  wherein  Peter  Anderson  was  plaintiff  and  McRoberts 
and  McKee  defendants,  in  the  Chancery  Court  for  the  County  of 
Davidson,    at    Nashville.     Land    purchased    by    the   United    States 
August  11,  1866.     Decree,  report,  and  sale  confirmed  by  the  Chancery 
Court  January  19,  1867,  and  recorded  in  Minute  Book  L,  pages  276  to 
280,  inclusive,  in  the  Clerk's  Office  of  said  Court  at  Nashville. 

3.  Deed  from  J.  Watts  Judson,  dated  October  17,  1879,  conveying 
1.50  acres.     Registered  in  Book  No.  63,  pages  360  and  361,  of  the  deed 
records  of  Davidson  County. 

Jurisdiction  was  ceded  by  Act  of  the  State  Legislature,  approved 
March  9,  1867,  ante. 

PITTSBURG   LANDING    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  10.05  acres,  about  9  acres  in- 
closed. It  is  situated  on  the  Tennessee  River  at  Pittsburg  Landing, 
in  Hardin  County.  The  title  is  as  follows : 

Decree  of  Condemnation  for  the  above  premises  in  the  cause  en- 
titled The  United  States  v.  Mary  A.  Harmon  et  al.,  in  the  United 
States  District  Court  for  the  District  of  West  Tennessee.  Decree 
rendered  January  6,  1869,  and  filed  with  the  record  of  said  cause  in 
the  Clerk's  Office  of  said  Court  at  Memphis. 

Jurisdiction  was  ceded  by  Act  of  the  State  Legislature,  approved 
March  9,  1867,  ante. 

SHILOH   NATIONAL  CEMETERY. 

See  "  Pittsburg  Landing  National  Cemetery." 

SHILOH    NATIONAL    MILITARY   PARK. 

This  Park,  situated  in  Hardin  County,  near  the  Tennessee  River, 
was  established  under  authority  of  an  Act  of  Congress,  approved 


TENNESSEE.  367 

December  27,  1894,  being  "An  Act  to  establish  a  National  Military 
Park  at  the  battlefield  of  Shiloh."  It  contains  3,225  acres,  more  or 
less. 

The  title  is  as  follows : 

1.  Deed  from  George  W.  L.  Smith  and  wife,  dated  September  28, 

1896,  conveying  85.18  acres  of  land.     Recorded  in  Book  Z,  page  15, 
etc.,  of  the  deed  records  of  Hardin  County. 

2.  Deed  from  Samuel  Chambers  and  wife,  dated  January  2,  1897, 
conveying  101  acres  of  land.     Recorded  in  Book  Z,  page  323,  etc.,  of 
same  records. 

3.  Deed  from  Thomas  Walker,  dated  January  2,  1897,  conveying 
206.05  acres.     Recorded  in  Book  Z,  page  206,  etc.,  of  same  records. 

4.  Deed  from  W.  G.  Petty  and  wife,  dated  April  17,  1897,  convey- 
ing 206.15  acres.     Recorded  in  Book  Z,  page  331,  etc.,  of  same  records. 

5.  Deed  from  W.  G.  Petty  and  wife,  dated  April  17,  1897,  convey- 
ing 204.97  acres  of  land.     Recorded  in  Book  Z,  page  342,  etc.,  of 
same  records. 

6.  Deed  from  P.  N.  Tilghman  and  wife,  dated  April  26,  1897,  con- 
veying 79.08  acres  of  land.     Recorded  in  Book  Z,  page  329,  etc.,  of 
same  records. 

7.  Decree  of  Condemnation  of  180.90  acres  of  land  in  cause  No. 
2274,  The  United  States  v.  W.  C.  and  O.  C.  Meeks,  in  the  District 
Court  of  the  United  States,  within  and  for  the    Eastern  Division  of 
the  Western  District  of  Tennessee,  in  the  Sixth  Judicial  Circuit 
thereof.     Rendered  April  27,  1897,  and  filed  with  the  record  in  said 
cause  in  the  Clerk's  Office  of  said  Court  in  the  City  of  Jackson. 

8.  Deed  from  Samuel  Chambers  and  wife,  dated  February  23,  1897, 
conveying  65.11  acres.     Recorded  in  Book  A  A,  page  241  etc.,  of  the 
records  of  Hardin  County. 

9.  Deed  from  James  J.  Fraley  and  wife,  dated  August  26,  1897, 
conveying  160.45  acres.     Recorded  in  Book  A  A,  page  65  etc.,  of  same 
records. 

10.  Deed  from  James  J.  Fraley  and  wife,  dated  September  11, 

1897,  conveying  52.52  acres.     Recorded  in  Book  A  A,  page  67  etc., 
of  same  records. 

11.  Deed  from  W.  G.  Petty  and  wife,  dated  November  29,  1897, 
conveying  151.31  acres.     Recorded  in  Book  A  A,  page  243  etc.,  of 
same  records. 

12.  Deed  from  Samuel  Chambers  and  wife,  dated  December  1, 1897, 
conveying  385.77  acres.     Recorded  in  Book  A  A,  page  247  etc.,  of 
same  records. 

13.  Deed  from  W.  A.  Rowsey  and  wife,  dated  December  1,  1897, 
conveying  89.65  acres.     Recorded  in  Book  A  A,  page  72  etc.,  of  same 
records. 

14.  Deed  from  S.  M.  Rogers  and  wife,  dated  December  13,  1897, 
conveying  69.81  acres.     Recorded  in  Book  A  A,  page  64  etc.,  of  same 
records. 

15.  Deed  from  Samuel  Chambers  and  wife,  dated  December  29, 

1897,  conveying  56.94  acres.     Recorded  in  Book  A  A,  page  365  etc., 
of  same  records. 

16.  Deed  from  John  R.  Duncan  and  wife,  et  al.,  dated  January  8, 

1898,  conveying  168.84  acres.     Recorded  in  Book  A  A,  page  245,  etc., 
of  same  records. 


368  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

17.  Deed  from  D.  H.  Cantrell  and  wife,  dated  January  8,  1898, 
conveying  36.28  acres.     Kecorded  in  Book  A  A,  page  69,  of  same 
records. 

18.  Deed  from  Geo.  H.  Hurley  and  wife,  dated  January  8,  1898, 
conveying  43.50  acres.     Recorded  in  Book  A  A,  page  71,  of  same 
records. 

19.  Deed  from  J.  W.  Lowell  and  wife,  dated  January  8,  1898,  con- 
veying 37.54  acres.     Recorded  in  Book  A  A,  page  63,  etc.,  of  same 
records. 

20.  Deed  from  Ervin  P.  Tillman  and  wife,  dated  January  8,  1898, 
conveying  35.55  acres.     Recorded  in  Book  A  A,  page  369,  etc.,  of 
same  records. 

21.  Deed  from  F.  M.  Hagy  and  wife,  dated  December  28,  1898, 
conveying  211.54  acres.     Recorded  in  Book  B  B,  page  122,  etc.,  of 
same  records. 

22.  Deed  from  W.  G.  Petty  and  wife,  dated  January  7,  1899,  con- 
veying 146.59  acres.     Recorded  in   Book  A  A,  page  364,  of  same 
records. 

23.  Deed  from  Samuel  Chambers  and  wife,  dated  January  7,  1899, 
conveying  31.20  acres.     Recorded  in  Book  B  B,  page  129,  etc.,  of 
same  records. 

24.  Deed  from  James  W.  Bell  and  wife,  dated  January  7,  1899, 
conveying  72.21  acres.     Recorded  in  Book  A  A,  page  315,  etc.,  of 
same  records. 

25.  Deed  from  Hugh  D.  Harris  and  wife,  dated  January  7,  1899, 
conveying  1  acre.     Recorded  in  Book  A  A,  page  431,  of  same  records. 

26.  Deed  from  A.  W.  Walker  and  wife,  dated  January  9,  1899, 
conveying  172.60  acres.     Recorded  in  Book  A  A,  page  367,  of  same 
records. 

27.  Deed  from  M.  C.  McDaniel  and  wife,  dated  August  10,  1899, 
conveying  7.26  acres.     Recorded  in  Book  B  B,  page  130,  etc.,  of  same 
records. 

28.  Deed  from  Samuel  Chambers  and  wife,  dated  March  16,  1903, 
conveying  2.4  acres.     Recorded  in  Book  D  D,  page  230,  etc.,  of  same 
records. 

29.  Deed  from  O.  H.  P.  Cantrell  and  wife,  dated  July  14,  1903, 
conveying  75.08  acres.     Recorded  in  Book  D  D,  page  251,  etc.,  of 
same  records. 

30.  Deed  from  O.  H.  P.  Cantrell,  dated  September  1,  1908,  con- 
veying 88.74  acres.     Recorded  in  Book  H  H,  page   508,  of  same 
records. 

Jurisdiction  was  ceded  by  act  of  the  State  Legislature  approved 
April  29,  1895,  which  provides  as  follows : 

"Whereas,  The  Congress  of  the  United  States  has  by  an  act,  ap- 

E roved  December  27,  1894,  appropriated  seventy-five  thousand  dol- 
irs  for  the  purchase  of  the  battle-field  of  Shiloh,  in  the  State  of 
Tennessee,  and  for  beginning  the  establishment  of  a  National  Mili- 
tary Park  thereon,  where  the  history  of  all  military  organizations 
engaged  in  that  battle  is  to  be  impartially  preserved  by  tablets  and 
monuments,  and  where  all  the  States  which  had  troops  in  the  en- 
gagement are  to  have  equal  rights  and  recognition : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  upon  the  acquisition  of  title 
by  the  United  States,  through  the  payment  of  such  sum  as  may  be 


TENNESSEE.  369 

agreed  upon  with  the  respective  owners,  or  fixed  by  the  decree  of  any 
court  which  may  have  proper  and  legal  jurisdiction  of  the  matter, 
the  jurisdiction  of  the  State  of  Tennessee  over  the  said  tract  thus 
acquired,  its  lands  and  roads,  is  hereby  ceded  to  the  United  States  for 
the  purposes  set  forth  in  said  Act  of  Congress,  approved  December 
27th,  1894,  establishing  the  said  Shiloh  National  Military  Park — that 
is  to  say,  over  a  tract  situated  in  Hardin  County,  or  in  Hardin  and 
McNairy  Counties,  in  the  State  of  Tennessee,  or  over  so  much  thereof 
as  the  Commissioners  of  the  park  may  deem  necessary  to  acquire,  to 
wit :  Beginning  at  low-water  mark  on  the  north  bank  of  Snake  Creek, 
where  it  empties  into  the  Tennessee  River;  thence  westwardly  in  a 
straight  line  to  the  point  where  the  river  road  to  Crump's  Landing, 
Tennessee,  crosses  Snake  Creek;  thence  along  the  channel  of  Snake 
Creek  and  Owl  Creek;  thence  along  the  channel  of  Snake  Creek  to 
Owl  Creek ;  thence  along  the  channel  of  Owl  Creek  to  the  crossing  of 
the  road  from  Hamburg  to  Purdy ;  thence  southwardly  in  a  straight 
line  to  the  intersection  of  an  east  and  west  line  drawn  from  the  point 
where  the  road  to  Hamburg,  Tennessee,  crosses  Lick  Creek,  near  the 
mouth  of  the  latter ;  thence  eastward  along  the  said  east  and  west  line 
to  the  point  where  the  Hamburg  road  crosses  Lick  Creek;  thence 
along  the  channel  of  Lick  Creek  to  the  Tennessee  River ;  thence  along 
the  low- water  mark  of  the  Tennessee  River  to  the  point  of  beginning, 
and  such  other  lands  contiguous  thereto  as  the  said  park  commis- 
sioners may  consider  it  necessary  to  acquire:  Provided,  That  this 
cession  is  upon  the  express  condition  that  the  State  of  Tennessee  shall 
so  far  retain  a  concurrent  jurisdiction  over  said  lands  and  roads,  as 
that  all  civil  and  criminal  processes  issued  under  the  authority  of  the 
State  of  Tennessee  may  be  executed  thereon  in  like  manner  as  if  this 
Act  had  not  been  passed. 

"  SEC.  2.  Be  it  enacted,  etc.,  That  this  Act  shall  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it."  (Acts  of 
Tenn.,  1895,  p.  117.) 

Revocable  License:  July  31,  1906,  to  the  Tulu  Telephone  Co.  for 
telephone  line  through  the  park. 

STONES   RIVER    NATIONAL,    CEMETERY. 

This  reservation  contains  an  area  of  20.10  acres  of  land,  about 
18.45  acres  inclosed.  It  is  situated  about  3  miles  from  Murfreesboro, 
in  Rutherford  County.  The  title  is  as  follows: 

1.  Deed  from  James  M.  Tompkins,  Clerk  and  Master  of  the  Chan- 
cery Court  for  Rutherford  County,  dated  July  10,  1868,  conveying 
7  acres  and  69  poles  of  land.    Recorded  in  Book  No.  16,  pages  30  and 
31,  of  the  deed  records  of  Rutherford  County. 

2.  Deed  from  James  M.  Tompkins,  dated  February  10,  1868,  con- 
veying 8  acres  and  105  poles  of  land.    Recorded  in  Book  No.  15,  page 
357,  of  same  records. 

3.  Deed  from  James  M.  Tompkins,  dated  August  10,  1868,  con- 
veying 4  acres  of  land.    Recorded  in  Book  16,  pages  31  and  32,  of 
same  records. 

Jurisdiction  was  ceded  by  Act  of  the  State  Legislature  approved 
March  9,  1867,  ante. 

16809—10 24 


370  UNITED   STATES    MILITARY   RESERVATIONS,   ETC. 

TEXAS. 

GENERAL    ACTS    OF    CESSION. 

Section  34  of  Article  16  of  the  Constitution  of  Texas  provides : 

"  The  legislature  shall  pass  laws  authorizing  the  governor  to  lease 
or  sell  to  the  Government  of  the  United  States  a  sufficient  quantity  of 
the  public  domain  of  the  state  necessary  for  the  erection  of  forts, 
barracks,  arsenals  and  military  stations  or  camps,  and  for  other 
needful  military  purposes;  and  the  action  of  the  governor  therein 
shall  be  subject  to  the  approval  of  the  legislature." 

Under  the  foregoing  constitutional  enactment,  the  State  legislature 
passed  the  Acts  of  December  19,  1849;  February  12,  1854;  April  4, 
1871 ;  and  November  28,  1871,  giving  consent  to  the  purchase  or  con- 
demnation of  lands  for  military  and  other  purposes  by  the  United 
States:  providing  for  the  cession  of  jurisdiction  thereto  and  other 
matters  in  connection  therewith,  which  acts  provide  as  follows  (see 
Bev.  Stats,  of  Texas,  1895,  p.  102,  and  Sayles'  Texas  Civil  Statutes, 
1897,  vol.  1,  pp.  172-174)  : 

"  SECTION  1.  Be  it  enacted,  etc.,  That  the  United  States  be,  and 
they  are  hereby  authorized  and  empowered  to  purchase,  acquire, 
hold,  own,  occupy  and  possess  such  land  or  lands,  within  the  limits 
of  this  S^ate,  as  they  shall  judge  it  expedient  and  shall  seek  to 
occupy  and  hold,  as  sites  on  which  to  erect  and  maintain  lighthouses, 
forts,  garrisons,  military  stations,  magazines,  arsenals,  dock-yards, 
and  other  needful  buildings,  or  any  of  them,  as  contemplated  and 
provided  in  the  constitution  of  the  United  States;  said  purchases  to 
be  effected  either  by  contract  with  the  owner  or  owners  of  said  land 
or  lands  or  in  the  manner  hereinafter  provided." 

(Section  2  provides  a  method  of  acquiring  the  lands  when  the 
agent  of  the  United  States  and  owner  or  owners  cannot  agree  for  the 
sale  and  purchase;  also  provides  a  method  of  appraisement.) 

(Section  3  provides  for  the  same,  etc.,  when  the  owner  or  owners 
are  unknown.) 

"  SEC.  4.  Be  it  further  enacted,  That  whenever  the  United  States 
shall  contract  for,  purchase  or  acquire  any  land  or  lands,  within  the 
limits  of  this  State,  for  the  purposes  aforesaid,  in  either  of  the  modes 
above  mentioned  and  provided,  and  shall  desire  to  acquire  constitu- 
tional jurisdiction  over  such  land  or  lands,  for  said  purposes,  it  shall 
and  may  be  lawful  for  the  Governor  of  this  State,  upon  application 
made  to  him  in  writing,  on  behalf  of  the  United  States,  for  that  pur- 
pose, accompanied  by  the  proper  evidence  of  said  purchase,  contract 
or  acquisition,  of  record,  describing  the  land  or  lands  sought  to  be 
ceded  by  convenient  metes  and  bounds,  in  the  name  and  behalf  of 
this  State,  to  cede  to  the  United  States  exclusive  jurisdiction  over  the 
land  or  lands  so  purchased  or  acquired  and  sought  to  be  ceded  to  the 
United  States,  to  hold,  use,  occupy,  own,  possess  and  exercise  said 
jurisdiction  over  the  same  for  the  purposes  aforesaid:  Provided 
always,  the  consent  aforesaid  is  hereby  given,  and  the  cession  afore- 
said is  to  be  granted  and  made  as  aforesaid  upon  the  express  condi- 


TEXAS.  371 

tion  that  this  State  shall  retain  a  concurrent  jurisdiction  with  the 
United  States,  in  and  over  the  land  or  lands  so  to  be  ceded  and  every 
portion  thereof,  so  far,  that  all  process,  civil  or  criminal,  issuing 
under  the  authority  of  this  State,  or  any  of  the  Courts  or  judicial 
officers  thereof,  may  be  executed  by  the  proper  officers  thereof,  upon 
any  person  or  persons  amenable  to  the  same,  within  the  limits  and 
extents  of  the  land  or  lands  so  ceded,  in  like  manner  or  to  like  effect 
as  if  this  act  had  never  been  passed — saving,  however,  to  the  United 
States,  security  to  their  property  within  said  limits  and  extent,  an 
exemption  of  the  same  and  of  said  land  or  lands  from  any  taxation, 
under  the  authority  of  this  State,  whilst  the  same  shall  continue  to 
be  owned,  held,  used  and  occupied  by  the  United  States  for  the  pur- 
poses above  expressed  and  intended  and  not  otherwise."  (Act 
approved  December  19,  1849.) 

"  SECTION  1.  Be  it  enacted  by  the  Legislature  of  the  State  of 
Texas,  That  in  all  cases  where  the  State  of  Texas  may  be  the  owner 
of  the  land  which  the  United  States  may  select,  and  wish  to  acquire 
and  occupy  for  any  of  the  purposes  specified  in  the  first  section  of  the 
Act  to  which  this  is  supplemental,  it  shall  be  lawful  for  the  Governor 
of  this  State  to  contract  and  agree  for  the  sale  thereof  and  upon  the 
payment  thereof  by  the  United  States  of  the  purchase  money  into  the 
Treasury  of  this  State,  it  shall  be  the  duty  of  the  Commissioner  of 
the  General  Land  Office  upon  the  order  of  the  Governor,  to  issue  a 
patent  to  the  United  States  in  like  manner  as  other  patents  are 
issued. 

"  SEC.  2.  That  whenever  the  United  States  shall  become  the  pur- 
chaser of  any  land  in  the  manner  pointed  out  in  the  preceding  section 
and  shall  desire  to  acquire  constitutional  jurisdiction  over  the  same, 
for  any  of  the  purposes  specified  in  the  first  section  of  the  said  act  to 
which  this  is  supplemental,  it  shall  be  lawful  for  the  Governor  of 
this  State  to  cede  said  jurisdiction  to  the  United  States  in  the  same 
manner  and  under  the  same  restrictions,  as  by  the  fourth  section  of 
said  act  he  is  authorized  to  make  such  cession  on  lands  acquired  by 
the  United  States  in  the  manner  therein  authorized."  (Act  approved 
February  13,  1854,  supplemental  to  Act  of  December  19,  1849.) 

"SECTION  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  Legisla- 
ture of  the  State  of  Texas  be  and  the  same  is  hereby  given  to  the 
purchase,  by  the  Government  of  the  United  States,  or  under  the 
authority  of  the  same,  of  any  tract,  piece  or  parcel  of  land,  from  any 
individual  or  individuals,  bodies  politic  or  corporate,  within  the 
boundaries  or  limits  of  the  State,  for  the  purpose  of  erecting  therein 
light-houses  and  other  needful  public  buildings  whatever;  and  all 
deeds,  conveyances  of  title  papers  for  the  same  shall  be  recorded,  as 
in  other  cases,  upon  the  land  records  of  the  county  in  which  the  land 
so  conveyed  may  lie;  and  in  like  manner  may  be  recorded  a  sufficient 
description,  by  metes  and  bounds,  courses  and  distances  of  any  tract 
or  tracts,  legal  divisions  of  any  public  land  belonging  to  the  United 
States,  which  may  be  set  apart  by  the  General  Government  for  any  or 
either  of  the  purposes  before  mentioned,  by  an  order,  patent  or  other 
official  document  or  paper  so  describing  such  land.  The  consent 
herein  and  hereby  given  being  in  accordance  with  the  seventeenth 
clause  of  the  eighth  section  of  the  first  article  of  the  Constitution  of 
the  United  States,  and  with  the  acts  of  Congress  in  such  cases  made 
and  provided. 


372  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

"  SEC.  2.  The  lots,  parcels  or  tracts  of  land  so  selected,  together 
with  the  tenements  and  appurtenances  for  the  purposes  before  men- 
tioned, shall  be  held  exempt  from  taxation  by  the  State  of  Texas." 
(Act  approved  April  4,  1871.) 

"  SECTION  1.  Be  it  enacted,  etc..  That  section  two  of  '  An  Act  for 
ceding  to  the  United  States  jurisdiction  of  certain  lands  in  this  State 
for  public  purposes,'  approved  December  19,  1849,  be  so  amended  that 
hereafter  it  shall  read  as  follows:  If  the  Executive  Officer,  or  other 
authorized  agent  employed  by  the  United  States  to  make  such  pur- 
chase or  purchases,  and  the  owner  or  owners  of  the  land  or  lands,  con- 
templated to  be  purchased  as  aforesaid,  can  not  contract  or  agree  for 
the  sale  and  purchase  thereof,  it  shall  be  lawful  for  such  officer,  or 
other  agent,  to  apply  in  writing  to  the  judge  of  the  district  court  of 
the  county  in  which  such  land  or  lands,  or  the  greater  portion  thereof, 
may  be  situated,  to  estimate  the  value  of  such  land  or  lands  in  the 
manner  hereinafter  mentioned,  and  to  order  a  conveyance  of  the  same 
to  the  United  States  for  the  purposes  aforesaid;  whereupon  it  shall 
be  the  duty  of  said  judge,  and  he  is  hereby  authorized  and  empow- 
ered, after  reasonable  notice  given  to  said  owner  or  owners,  their  legal 
representatives  or  guardians,  to  hear  and  finally  determine  the  value 
of  the  land  or  lands  in  question  by  a  competent  jury,  under  oath,  to 
be  summoned  by  the  sheriff  or  the  proper  officer  of  said  court,  for  that 
purpose,  or  by  a  committee  of  three  persons,  such  as  shall  be  agreed 
upon  and  appointed  by  the  parties  aforesaid,  such  committee,  if 
agreed  on  and  appointed  as  aforesaid,  to  be  duly  sworn  faithfully 
and  impartially  to  value  the  land  or  lands  last  aforesaid,  and  the 
value  thereof  being  thus  ascertained  to  the  satisfaction  of  said  judge 
after  survey  thereof,  duly  made  under  the  direction  of  himself,  or  by 
consent  of  said  parties,  and  after  such  other  proceedings  in  the  prem- 
ises as  he  shall  deem  right  and  proper  he  shall  order  and  decree  the 
same  to  be  conveyed  in  due  form  to  the  United  States,  to  be  held, 
owned  and  possessed  by  them  for  the  purposes  aforesaid  and  none 
other ;  Provided,  That  the  amount  of  such  valuation  with  the  reason- 
able costs  of  such  owner  or  owners  attending  such  proceedings  shall  be 
paid  to  him,  her  or  them,  or  into  said  court  for  his,  her  or  their  use 
before  execution  or  record  of  such  conveyance,  and;  provided  more- 
over, that  if  it  shall  appear  to  said  judge,  upon  objection  made  by 
such  owner  or  owners,  their  representatives  or  guardians,  that  the 
quantity  of  any  given  tract,  parcel  or  extent  of  land  sought  to  be 
purchased  as  aforesaid  is  greater  than  reasonable,  he  may,  in  his  dis- 
cretion, refer  the  matter  of  such  objection  to  the  Governor  of  this 
State  for  his  determination,  and,  Provided  further,  That  if  the  Exec- 
utive Officer,  or  other  authorized  agent  employed  by  the  United 
States  to  make  such  purchase  as  contemplated  in  this  act,  shall  desire 
to  purchase  any  land  or  lands  owned  by  private  party  or  parties  and 
not  situated  within  the  limits  of  any  county  in  this  State,  then,  in 
such  case,  upon  application  being  made  by  the  said  officer  or  agent  of 
the  United  States,  to  the  Governor  of  this  State,  it  shall  be  the  duty 
of  the  Governor  to  designate  the  district  judge  have  [having]  juris- 
diction over  the  organized  county  nearest  to  the  land  or  lands  where 
purchase  is  thus  sought;  whereupon,  it  shall  be  lawful  for  the  said 
officer  or  agent  of  the  United  States  to  institute  proceedings  before 
the  said  judge  in  the  county  nearest  to  the  said  land  or  lands  for  the 
conveyance  of  the  same  to  the  United  States  for  the  purposes  afore- 


TEXAS.  373 

said,  and  it  shall  be  the  duty  of  the  said  judge,  and  he  is  hereby 
authorized  and  empowered  to  proceed  in  all  things  necessary  to  the 
correct  valuation  and  to  the  conveyance  to  the  United  States,  of  said 
land  or  lands  as  if  the  same  were  situated  within  the  county  wherein 
proceedings  had  been  instituted  therefor,  and  the  said  judge  shall 
order  and  decree  the  conveyance  in  due  form  to  the  United  States,  of 
such  land  or  lands  to  be  held,  owned  and  possessed  by  the  United 
States  for  the  purposes  aforesaid  and  none  other."  (Act  approved 
November  28,  1871,  amending  sec.  2,  of  Act  of  December  19,  1849.) 

FORT   BLISS. 

This  reservation  contains  an  area  of  1,265.7  acres,  and  is  situated 
on  the  Kansas  City,  El  Paso  and  Mexican  Railroad,  about  5  miles 
northeast  of  the  City  of  El  Paso,  in  El  Paso  County. 

The  lands  were  acquired  for  a  military  post  to  be  known  as  Fort 
Bliss,  under  authority  of  an  Act  of  Congress  approved  March  1,  1890. 
The  title  is  as  follows  : 

1.  Letter  Patent  from  the  State  of  Texas  to  the  United  States  as 
assignee  of  B.  D.  Russell,  dated  August  13,  1890,  conveying  640  acres 
of  land.     Recorded  in  Patent  Record  Vol.  25,  page  129,  of  the  deed 
records  of  El  Paso  County. 

2.  Quit-Claim  Deed  from  Dr.  Edward  Alexander,  dated  August  30, 
1890,  conveying  land  by  metes  and  bounds.     Recorded  in  Book  24, 
page  292,  of  same  records. 

3.  Deed  from  W.  J.  Glenn,  et  al.,  dated  September  1,  1890,  convey- 
ing 180.50  acres  of  land.    Recorded  in  Book  No.  19,  page  285,  of  same 
records. 

4.  Deed  from  Charles  R.  Morehead,  et  al.,  dated  September  19, 
1890,  conveying  179.50  acres  of  land.    Recorded  in  Book  19,  page  286, 
of  same  records. 

5.  Deed  from  W.  J.  Glenn,  dated  February  24,  1891,  conveying 
30.2  acres  of  land.    Recorded  in  Book  19,  page  354,  of  same  records. 

6.  Deed  from  Richard  L.  Mayer,  dated  March  10,  1891,  conveying 
30.2  acres  of  land.    Recorded  in  Book  19,  page  355,  of  same  records. 

7.  Deed  from  B.  H.  Davis,  et  al.,  dated  May  9,  1891,  conveying  236 
acres  of  land.    Recorded  in  Book  19,  page  356,  of  same  records. 

8.  Deed  from  the  Governor  of  the  State  of  Texas,  ceding  jurisdic- 
tion over  the  1,266.2  acres,  in  accordance  with  the  constitution  and 
foregoing  cited  laws  of  the  State  of  Texas.     Deed  dated  April  12, 
1892,  and  recorded  in  Vol.  33,  page  555,  etc.,  of  same  records. 

See  also  General  Acts  of  Cession. 

Easement:  By  Act  of  Congress,  approved  June  10,  1896,  the  El 
Paso  and  Northeastern  Railroad  Company  wTas  granted  a  right  of 
way  100  feet  wide  across  the  reservation.  Route  approved  by  Sec- 
retary of  War,  November  20,  1897. 

Revocable  Licenses:  License,  September  6,4904,  to  Wing  Wong  to 
occupy  for  the  purpose  of  a  residence,  and  in  which  to  conduct  a 
laundry,  an  adobe  house,  heretofore  occupied  by  him  under  permis- 
sion of  the  post  commander. 

License  August  28,  1905,  to  International  Water  Company  of 
El  Paso,  Tex.,  to  lay  and  maintain  a  16-inch  water  pipe  line  along 
and  within  right  of  way  of  the  El  Paso  and  Northeastern  Railroad 


374  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

Company,  for  the  purpose  of  supplying  the  City  of  El  Paso  with 
water. 

License,  June  9,  1906,  to  the  Newman  Investment  Company  for 
electric  railway  on  reservation. 

License,  June  2,  1908,  to  the  El  Paso  Suburban  Railroad  Com- 
pany for  electric  railway  across  reservation. 

FORT  BROWN. 

This  reservation  contains  an  area  of  358.8  acres,  with  metes  and 
bounds  as  given  in  G.  O.  No.  92,  W.  D.,  May  16,  1906.  It  is  situated 
on  the  left  bank  of  the  Rio  Grande,  22  miles  from  its  mouth  direct,  or 
by  river  about  65  miles.  It  is  immediately  adjacent  to  the  City  of 
Brownsville,  in  Cameron  County,  and  opposite  to  the  City  of  Mata- 
moros,  Mexico. 

This  point  was  first  occupied  as  a  military  camp  March  21,  1846, 
and  a  fort  erected  which  was  named  Fort  Taylor.  May  17,  1846,  the 
name  was  changed  to  Fort  Brown  in  memory  of  Maj.  Jacob  Brown, 
who  fell  in  its  defense  on  the  6th  of  said  month  during  the  bombard- 
ment of  the  place  by  the  Mexicans  under  General  Arista.  The  post 
was  occupied  almost  continuously  until  March  20,  1861,  when  it  was 
abandoned  by  the  United  States  Troops,  after  the  surrender  of  Gen- 
eral Twiggs,  and  immediate  possession  thereof  was  taken  by  the  State 
of  Texas.  The  Confederates  destroyed  the  works,  burned  the  build- 
ings, and  abandoned  the  fort  November  6,  1863.  The  United  States 
reoccupied  the  site  in  the  summer  of  1865  and  continued  in  occupancy 
until  the  temporary  quarters  which  had  been  erected  were  destroyed 
by  a  severe  hurricane  in  the  spring  of  1867.  The  troops  were  quar- 
tered in  the  town  of  Brownsville  during  the  years  1868  and  1869 
while  new  barracks  were  being  erected,  since  which  time  the  occupa- 
tion of  the  post  has  been  continuous.  The  reservation  was  formerly 
a  part  of  what  was  known  as  the  "  Espiritu  Santo  Grant,"  made  by 
the  Spanish  Government  in  1781  to  one  Don  Bias  Maria  de  la  Garza, 
who,  dying  in  1802,  by  his  will  devised  a  one-fifth  interest,  which  in- 
cludes the  reservation,  to  his  niece,  Maria  Josefa  Cavazos,  whose  title 
was  confirmed  by  the  United  States  Supreme  Court  at  its  October 
term,  1879,  in  the  case  of  the  City  of  Brownsville  v.  Cavazos.  (See 
100  U.  S.  Sup.  Ct.  Rep.,  138.) 

On  November  7,  1853,  the  Secretary  of  War  commenced  proceed- 
ings in  the  District  Court  in  and  for  the  County  of  Cameron,  at 
Brownsville,  under  the  Statutes  of  Texas,  authorizing  the  condemna- 
tion of  private  property  for  the  use  of  the  United  States,  to  obtain 
the  title  to  this  Fort  Brown  reservation.  The  City  of  Brownsville 
and  the  Cavazos  family  were  made  parties  to  the  proceedings.  The 
cause  was* entitled  "  In  the  matter  of  the  application  of  Stewart  Van 
Vliet  on  the  part  of  the  United  States,  for  the  assessment  of  the  value 
of  the  lands  within  the  .limits  of  the  Garrison  of  Fort  Brown,"  and 
the  cause  submitted  on  the  29th  day  November,  1853,  to  a  jury,  who 
returned  an  assessment  of  $50,000.  (Verdict  recorded  in  Book  A, 
p.  50,  Minutes  of  the  District  Court  of  Cameron  County,  Tex.) 
This  matter  remained  in  abeyance  until  the  20th  day  of  February, 
1879,  when  proceedings  were  resumed  in  same  Court,  the  cause  being 
entitled  "  in  the  matter  of  the  condemnation  by  the  United  States,  on 
the  application  by  the  War  Department  thereof,  by  Stewart  Van 


TEXAS.  375 

Vliet,  their  agent,  of  certain  lands  in  said  county,  known  as  the  mili- 
tary reservation  of  Fort  Brown,  claimed  by  Pedro  G.  Cavazos  under 
the  last  will,  etc.,  of  Maria  Josefa  Cavazos,  deceased,  and  also  claimed 
by  the  City  of  Brownsville,"  No.  1232.  Order  and  Judgment,  that 
upon  payment  of  said  $50,000,  together  with  interest  from  said  29th 
day  of  November,  1853,  into  the  First  National  Bank  of  Galveston, 
to  be  disposed  of  as  hereinafter  provided,  the  whole  right,  title,  and 
interest  of  the  City  of  Brownsville  and  of  the  said  Maria  Josefa 
Cavazos,  deceased,  and  also  of  said  Pedro  G.  Cavazos,  her  successor 
in  interest  in  and  to  said  lands  and  premises  shall  vest  forever  in  the 
United  States  of  America,  etc.  By  a  subsequent  order,  made  and 
entered  on  the  same  day,  (February  20,  1879),  Pedro  G.  Cavazos  was 
substituted  as  claimant  and  owner  of  said  lands  and  premises  in  place 
of  Maria  Josefa  Cavazos,  who  died  November  18,  1878,  testate,  devis- 
ing by  her  last  will  said  lands  and  premises  to  her  son,  said  Pedro  G. 
Cavazos.  (See  record  in  Clerk's  Office  of  said  Court.)  By  said  will 
Pedro  G.  Cavazos  was  named  and  afterwards  appointed  Executor  of 
his  mother's  estate,  but  failing  to  file  a  bond  required  of  him  by  the 
court,  he  was  removed  and  Thomas  Carson  was  appointed  as  General 
Administrator  with  the  will  annexed,  to  whose  control  the  entire 
interest  and  estate  of  Maria  Josefa  Cavazos  was  transferred.  After- 
wards, to  wit,  July  4,  1887,  an  action  was  commenced  in  the  Circuit 
Court  of  the  United  States  for  the  Western  District  of  Texas,  at 
Brownsville,  entitled  "  No.  248,  Heirs  of  Miguel  Salinas  v.  William 
L.  Kellogg  et  al.,"  and  on  the  14th  day  of  said  month  a  trial  was  had 
before  a  jury,  who  returned  a  verdict  upon  which  judgment  was  ren- 
dered to  the  effect  that  as  to  all  the  persons  before  the  Court  as  parties 
plaintiff  or  defendant,  including  the  United  States,  represented  by 
said  Kellogg,  they  take  nothing  by  their  suit  or  pleas  therein  except- 
ing James  Stillman,  and  Thomas  Carson,  Administrator,  etc.,  of  the 
estate  of  Maria  Josefa  Cavazos,  who  take  the  property  and  premises 
known  as  Fort  Brown,  describing  it,  in  equal  moieties,  James  Still- 
man in  his  own  right  one  moiety  and  Thomas  Carson,  as  such  Admin- 
istrator, etc.,  the  other  moiety.  It  was  also  adjudged  that  the  United 
States  had  been  in  actual  and  exclusive  possession  of  said  property 
and  premises  as  a  military  reservation  for  many  years.  It  was  there- 
fore ordered  that  all  the  right,  title,  and  interest  in  and  to  the  prem- 
ises and  property  be  divested  from  and  out  of  all  the  parties  to  said 
cause,  including  the  United  States,  and  vested  in  the  said  James  Still- 
man and  Thomas  Carson,  as  Administrator,  etc.,  of  Maria  Josefa 
Cavazos,  in  equal  moieties,  and  that  said  Stillman  and  Carson,  Ad- 
ministrator, etc.,  are  also  entitled  to  have  and  recover  all  rents,  etc., 
for  use  and  occupation  of  said  premises  from  the  year  1846. 

By  an  Act  of  Congress,  approved  March  3,  1885,  the  following  pro- 
vision  was  made  for  acquiring  title  to  said  reservation : 

"To  enable  the  Secretary  of  War  to  acquire  good  and  valid  title 
for  the  United  States  to  the  Fort  Brown  Reservation,  Texas ;  and  to 
pay  and  extinguish  all  claims  for  the  use  and  occupancy  of  said  res- 
ervation by  the  United  States,  the  sum  of  One  hundred  and  sixty 
thousand  dollars:  Provided,  That  no  part  of  this  sum  shall  be  paid 
until  a  complete  title  is  vested  in  the  United  States;  and  the  full 
amount  of  the  price,  including  rent  shall  be  paid  directly  to  the 
owners  of  the  property."  (See  U.  S.  Stats,  at  Large,  Vol.  23j  p.  507.) 


376  UNITED   STATES   MILITAKY   RESERVATIONS,   ETC. 

Under  the  foregoing  act  of  Congress,  title  was  procured,  the  evi- 
dence of  which  is  as  follows: 

1.  Deed  from  James  Stillman,  and  Thomas  Carson,  the  latter  as 
Administrator  with  the  will  annexed,  of  the  estate  of  Maria  Josefa 
Cavazos,  deceased,  dated  October  14,  1887,  conveying  the  358.8  acres 
known  as  the  "  Fort  Brown  Property."     Recorded  in  Vol.  J,  page 
382,  etc.,  of  the  deed  records  of  Cameron  County,  in  Brownsville. 

2.  Quit-Claim  Deed  from  S.  Josephine  Allen  by  Thomas  Carson 
her  attorney  in  fact,  dated  October  24,  1887,  conveying  by  way  of 
release  all  interest  in  above  premises.     Recorded  in  Vol.  J,  page  380, 
etc.,  of  same  records.     Power  of  Attorney  to  Thomas  Carson  recorded 
in  Vol.  A,  page  237,  etc.,  of  same  records. 

3.  Deed  from  Frances  J.  Hale,  et  al.,  Heirs  of  William  G.  Hale, 
deceased,  dated  November  15,  1887,  conveying  all  interest  in  above 
premises.     Recorded  in  Vol.  J,  page  384,  etc.,  of  same  records. 

4.  Quit-Claim   Deed    from   Thomas   Carson,   dated   December   12, 
1887,  conveying  all  interest  in  "  Fort  Brown  Property."     Recorded  in 
Vol.  J,  page  387,  etc.,  of  same  records. 

5.  Deed  of  Release  from  James  Stillman  and  Thomas  Carson,  the 
latter  as  Administrator,  with  the  will  annexed,  of  Maria  Josefa  Cav- 
azos, deceased,  by  John  A.  Garver,  their  Attorney  in  fact,  dated 
March  25,  1895,  releasing  all  demands,  etc.     Recorded  in  Vol.  J,  page 
388,  etc.,  of  same  records.     Power  of  Attorney  from  James  Stillman 
to  John  A.  Garver  recorded  in  Vol.  A,  page  241,  etc. ;  the  Power  of 
Attorney  with  power  of  substitution  from  Thomas  Carson,  Adminis- 
trator, etc.,  to  James  Stillman,  and  Power  of  Attorney  from  James 
Stillman  to  John  A.  Garver  as  substitute  recorded  in  Vol.  A,  page 
238,  etc.,  of  same  records. 

6.  Quit-Claim  Deed   from  Kate  M.   Combe  and  husband,  et  al., 
dated  April  17,  1886,  conveying  all  interest  in  "  Fort  Brown  Military 
Reservation." 

7.  Quit-Claim  Deed  from  Charles  S.  Dana  and  wife,  dated  May  1, 
1886,  conveying  all  interest  in  "The  Military  Reservation  of  Fort 
Brown." 

For  jurisdiction  see  acts  of  the  State  Legislature  under  the  title  of 
"  General  Acts'  of  Cession." 

8.  Deed  from  the  Governor  of  Texas  to  the  United  States,  ceding 
jurisdiction  over  the  reservation  in  accordance  with  the  Constitution 
and  foregoing-cited  Laws  of  the  State  of  Texas.     Deed  dated  June 
24,  1895,  and  recorded  in  Vol.  J,  page  427,  etc.,  of  same  records. 

Licenses,  March  2  and  March  27,  1907,  to  the  Department  of  Agri- 
culture to  occupy  part  of  the  reservation  for  experiment  purposes. 

BROWNSVILLE  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  25.50  acres  (about  six  acres  in- 
closed), right  of  way,  etc.,  and  is  situated  about  1  mile  from  Browns- 
ville, in  Cameron  County.  The  title  is  as  follows : 

Decree  of  condemnation  for  said  tract  in  the  matter  of  the  applica- 
tion of  the  United  States  for  an  appraisement,  etc.  Rendered  March 
22,  1872,  in  the  United  States  District  Court  for  the  Eastern  District 
of  Texas,  and  recorded  on  pages  150  and  151  of  the  minute  book  of 
said  proceedings  in  the  Clerk's  Office  of  said  Court  at  Brownsville. 


TEXAS.  377 

For  consent  to  condemnation  and  provision  for  ceding  jurisdiction, 
see  Acts  of  the  State  Legislature  under  the  title  "  General  Acts  of 
Cession." 

FORT  CLARK. 

This  reservation  contains  an  area  of  3,963.2  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  8,  AY.  D.,  January  19,  1909.  It 
is  situated  on  the  south  bank  of  and  about  400  yards  from  the  head  of 
Las  Moras  Creek,  opposite  Brackettville,  in  Kinney  County.  Post 
first  occupied  June  20,  1852.  The  title  is  as  follows : 

Purchase  was  made  under  authority  of  an  Act  of  Congress  ap- 
proved April  16,  1880. 

Deed  from  Mary  A.  Maverick,  dated  December  11,  1883,  conveying 
the  reservation  by  metes  and  bounds.  Recorded  in  Vol.  A,  No.  5, 
page  25,  of  the  deed  records  of  Kinney  County.  (This  property  was 
formerly  held  by  lease  from  Samuel  Maverick  to  the  United  States.) 

For  consent  to  the  purchase  and  provision  for  cession  of  jurisdic- 
tion, see  Acts  of  the  State  Legislature  under  the  title  of  "  General 
Acts  of  Cession." 

Revocable  License,  April  21,  1906,  to  Lone  Star  Telephone  Co. 
for  private  telephone  system. 

FORT  CROCKETT. 

This  reservation  contains  an  area  of  about  125.57  acres,  with  metes 
and  bounds  as  given  in  G.  O.-  No.  158,  W.  D.,  September  14,  1900. 
It  is  situated  in  the  City  of  Galveston  and  County  of  Galveston.  The 
title  is  as  follows : 

1.  Deed  from  The  Galveston  Land  and  Improvement  Company, 
dated  January  18,  1897,  conveying  Blocks  Numbered  213  to  216, 
inclusive;  233  to  240,  inclusive,  and  257  to  260,  inclusive;  the  same 
forming,  with  the  streets  and  avenues  which  are  also  conveyed,  Out 
Lots  205,  206,  230  and  231.     Recorded  in  Book  141,  pages  431  to  436, 
of  the  deed  records  of  Galveston  County,  at  Galveston. 

2.  Ratification  by  The  Galveston  Company,  etc.,  of  sale  and  con- 
veyance of  Lots,  Streets,  Avenues,  etc.,  dated  January  18,  1897,  as 
per  No.  1,  supra.     Recorded  in  Book  157,  page  402,  etc.,  of  same 
records. 

3.  Quit   Claim  Deed  from  the  Galveston  City  Company,   dated 
February  15,  1897,  conveying  all  interest  in  the  streets  and  avenues 
that  cross  and  traverse  Out  Lots  205,  206,  230  and  231   (described 
in  Deed  No.  1,  supra)  ;  also  a  strip  of  land  between  Out  Lots  230 
and  231  and  the  Gulf  of  Mexico.    Recorded  in  Book  141,  page  429, 
etc.,  of  same  records. 

4.  Ordinance  of  City  Council  of  Galveston,  ceding  streets  ,avenues, 
etc.,  as  described  in  Deed  No.  1,  supra.     Original  act  part  of  the 
records  in  the  City  Clerk's  Office  at  Galveston. 

5.  By  an  Act  of  the  State  Legislature  passed  February  15,  1897, 
which  became  a  law  March  3,  1897,  without  the  Governor's  signature, 
the  action  of  the  City  .Council  of  Galveston  in  ceding  to  the  United 
States   the   streets,   alleys,   and  other  public  highways   intervening 
between  the  blocks  and  lots  purchased  by  the  United  States  for  forti- 
fication purposes  was  confirmed  and  ratified.     (See  Laws  of  Texas, 
1897,  p.  13.) 


378  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Deed  from  the  Governor  of  Texas,  ceding  jurisdiction  over  the 
reservation,  in  accordance  with  the  Constitution  and  foregoing-cited 
laws  of  the  State  of  Texas.  Deed  dated  September  21,  1897. 

6.  Ordinance  of  City  Council  of  Galveston  passed  April  14,  1900, 
granting  to  the  United  States  its  consent  to  acquire  lands  in  the  City 
of  Galveston  and  to  fence  the  same. 

7.  Deed  from  The  Galveston  Land  and  Improvement  Company, 
dated  April  17,  1900,  conveying  Blocks  217  to  220  inclusive,  229  to 
232  inclusive,  241  to  244  inclusive,  253  to  256  inclusive,  261,  262,  271 
and  272;  also  Out  Lot  253,  and  another  tract  by  metes  and  bounds, 
and  certain  streets  and  alleys,  containing  in  all  60  acres  more  or  less. 
Recorded  in  Book  178,  page  210,  etc.,  of  same  records. 

8.  Quit-Claim  Deed   from  The  Galveston   City  Company,  dated 
April  28,  1900,  conveying  Out  Lots  203,  229,  253  and  254  and  the 
streets  that  traverse  them;   also  the  strip   of  land   lying  between 
253,  "254  and  the  waters  of  the  Gulf  of  Mexico.    Recorded  in  Book 
176,  page  610  etc.,  of  same  records. 

For  jurisdiction  see  General  Acts  of  Cession. 

9.  Deed  from  D.  B.  Henderson,  dated  October  20,  1904,  conveying 
land  bounded  on  the  north  by  "  Avenue  U,"  on  the  east  by  39th 
Street,  on  the  south  by  the  Gulf  of  Mexico,  and  on  the  west  by  45th 
Street.    Recorded  in  Book  204,  pages  224-5,  of  same  records. 

10.  Deed  from  the  City  of  Galveston,  dated  January  24,  1905,  con- 
veying all  right,  title  and  interest  of  the  city  to  the  streets,  avenues 
and  alleys  included  within  premises  conveyed  by  D.  B.  Henderson, 
together  with  Ordinance  of  Board  of  Commissioners,  City  of  Gal- 
veston, closing  the  same.    Recorded  in  Book  204,  page  321 ;  and  Ordi- 
nance in  Book  205,  page  102,  of  same  records. 

Jurisdiction  over  the  lands  acquired  under  the  preceding  deeds 
(Nos.  9  and  10)  was  ceded  by  Governor's  Deed,  dated  November  4, 
1905;  recorded  in  Book  206,  pages  540-541,  of  same  records. 

11.  Quit-Claim  deed  from  the  City  of  Galveston,  dated  April  5, 
1905,  conveying  title  of  city  to  the  west  half  of  west  half  (except  Lots 
12  and  13)  of  Out-Lot  207,  NW.  and  SW.     Recorded  in  Book  204, 
page  478,  of  same  records. 

12.  Deed  from  Charles  Nolan,  dated  December  5,  1905,  conveying 
part  of  Lot  8,  of  the  southeast  block  of  Out  Lot  183,  containing  27.5 
square  feet.     Recorded  in  Book  215,  page  100,  of  same  records. 

13.  Deed  of  D.  B.  Henderson,  dated  January  30,  1906,  conveying 
part  of  Out  Lot  184,  containing  1.959  acres,  more  or  less.     Recorded 
in  Book  215,  page  101,  of  same  records. 

14.  Deed  from  the  City  of  Galveston,  dated  April  30,  1906,  releas- 
ing interests  in  streets,  etc.,  and  closing  same.     Recorded  in  Book 
212,  page  582,  of  same  records. 

15.  Release  by  City  of  Galveston,  dated  April  16,  1906,  of  judg- 
ment lien  on  southeast  quarter  of  Out  Lot  184.     Recorded  in  Book 
211,  page  547,  of  same  records. 

Jurisdiction  over  the  lands  acquired  under  the  preceding  deeds 
(Nos.  12  to  15,  inclusive)  was  ceded  by  Governor's  Deed,  dated  May 
1,  1906.  Recorded  in  Book  212,  page  584,  of  same  records. 

See,  also,  General  Acts  of  Cession. 


TEXAS.  379 

EAGLE  PASS. 

This  reservation  contains  an  area  of  155.29  acres,  and  is  situated 
in  the  town  of  Eagle  Pass,  in  Maverick  County.  The  title  is  as 
follows : 

1.  Deed  from  William  S.  Smith,  Executor,  etc.,  dated  July  9,  1892, 
conveying  62.94  acres.     Recorded  in  Vol.  W,  No.  2,  page  413,  etc.,  of 
the  deed  records  of  Maverick  County. 

2.  Deed  from  William  S.  Smith,  Executor,  etc.,  dated  July  9,  1892, 
conveying  92.35  acres.     Eecorded  in  Vol.  W,  No.  2,  page  415,  etc.,  of 
same  records. 

3.  Decree  of  the  Circuit  Court  of  the  United  States  for  the  West- 
ern District  of  Texas,  in  the  case  of  Maggie  Cassidy  et  al,  v.  William 
S.  Smith,  Executor,  etc.,  No.  73,  confirming  and  ratifying  the  said 
conveyances  of  said  Executor,  etc.,  to  the  United  States.     Rendered 
July  2,  1893,  and  filed  with  the  record  in  said  cause  in  the  Clerk's 
Office  of  said  Court  at  San  Antonio. 

4.  Amended  decree  of  said  court,  between  same  parties,  reaffirm- 
ing and  ratifying  said  conveyances.     Rendered  November  16,  1893, 
and  filed  with  the  record  in  said  cause  in  the  Clerk's  Office  of  said 
Court  at  San  Antonio. 

For  consent  to  purchase,  provisions  for  condemnation,  and  cession 
of  jurisdiction,  see  Acts  of  the  State  Legislature  under  the  title 
"Fort  Bliss  (New)." 

Deed  from  the  Governor  of  Texas,  ceding  jurisdiction  over  the 
reservation,  in  accordance  with  the  Constitution  and  foregoing  cited 
Laws  of  the  State  of  Texas.  Recorded  in  Vol.  W,  No.  2,  page  473, 
etc.,  of  the  deed  records  of  Maverick  County. 

License,  July  22,  1907,  to  Department  of  Commerce  and  Labor  for 
use  of  guard  house. 

(JALVESTON    ISLAND. 
(East  end  of.) 

This  reservation  comprises  a  sand  spit  of  about  15  acres  on  the 
east  end  of  Galveston  Island.  This  tract  was  owned  and  held  by 
the  Republic  of  Texas  for  military  purposes  when  it  became  a  State 
of  the  Union,  and  by  the  term  of  admission  of  that  State  the  title 
vested  in  the  United  States,  and  it  is  now  held  by  the  United  States 
for  the  same  purposes. 

Under  date  of  June  16,  1909,  the  Acting  Attorney  General  inclosed 
a  copy  of  report  of  the  United  States  Attorney,  dated  June  12,  1909. 
to  the  effect  that  in  the  case  of  Fannie  I.  Cochrane  v.  Edgar  Jadwin, 
et  al., — a  suit  in  ejectment  to  recover  the  premises — the  plaintiff's 
attorney,  failing  to  have  the  case  remanded  to  the  State  court,  "  took 
a  nonsuit  in  the  case  " ;  leaving  the  premises  in  the  undisputed  pos- 
session of  the  officer  representing  the  War  Department. 

The  Attorney  further  reported  that  the  plaintiff  claimed  under 
the  "  W.  A.  A.  Wallace  Survey  ",  wilich  has  twice  been  declared  void. 

LEON    SPRINGS    TARGET   AND    MANEUVER   RANGE. 

This  reservation  contains  an  area  of  about  17273.87  acres,  with 
metes  and  bounds  as  announced  in  G.  O.  No.  72,  War  Department. 


380  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

May  8,  1908.  It  is  situated  near  Leon  Springs,  about  seventeen 
miles  northerly  from  the  City  of  San  Antonio,  in  Bexar  County. 
The  title  is  as  follows: 

1.  Deeds  from  Joseph  Becker  and  wife,  dated  December  5,  1906, 
and  December  16,  1907,  conveying  179.4  acres,  recorded,  respectively, 
in  Volume  261,  page  52,  and  Volume  279,  page  71,  of  the  deed  records 
of  Bexar  County. 

2.  Deed  from  Conrad  Schasse  and  wife,  dated  December  1,  1906, 
conveying  two  tracts  aggregating  4877.37  acres,  recorded  in  Volume 
258,  page  152  of  same  records. 

3.  Deed  from  Daniel  Oppenheimer,  et  al.,  dated  December  1,  1906, 
conveying  certain  tracts  aggregating  11840  acres,  recorded  in  Volume 
258,  page  158  of  same  records. 

4.  Deed  frflm  Hermann  Georg  and  wife,  dated  December  5,  1906, 
conveying  46.7  acres,  recorded  in   Volume   261,  page   51   of  same 
records. 

5.  Deed  from  Marie  Scharmann,  a  feme  sole,  dated  December  3, 
1906,  conveying  230.4  acres,  recorded  in  Volume  261,  page  54  of  same 
records. 

6.  Decrees  in   Condemnation,  June  24,   1907   and  July   18,   1907 
(U.  S.  v.  Marie  Gerfers,  et  al.,  No.  2401),  covering  100  acres,  recorded 
in  Volume  265,  pages  521  and  561,  respectively,  of  same  records. 

Jurisdiction  over  the  entire  tract  ceded  to  the  United  States  by 
Governor's  deed,  dated  April  1,  1908,  upon  the  following  proviso: 

"  That  this  Cession  of  Jurisdiction  is  granted  and  made  upon  the 
express  condition  that  the  State  of  Texas  shall  retain  concurrent 
jurisdiction  with  the  United  States  over  said  lands  and  every  portion 
thereof  so  far  that  all  process,  civil  or  criminal,  issuing  under  the 
authority  of  this  State,  or  any  of  the  courts  or  judicial  officers  thereof, 
may  be  executed  by  the  proper  officers  of  this  State  upon  any  person 
amenable  to  the  same  within  the  limits  of  said  lands  in  like  manner 
and  with  like  effect  as  if  no  such  cession  had  taken  place." 

Easement:  Permission  granted  by  license  of  January  8,  1908,  to 
Board  of  County  Commissioners  of  Bexar  County  to  extend  county 
road  through  northern  part  of  reservation. 

Revocable  License:  Granted  July  16,  1908,  to  Eureka  Telephone 
Company  to  operate  and  maintain  a  telephone  line. 

FORT  McINTOSH. 

This  reservation  contains  an  area  of  208  acres,  with  metes  and 
bounds  as  given  in  G.  O.  No.  196,  W.  D.,  September  21,  1907.  It  is 
situated  on  the  Rio  Grande,  adjoining  the  City  of  Laredo,  in  Webb 
County.  The  title  is  as  follows: 

Deed  from  the  City  of  Laredo,  dated  May  29,  1875,  conveying  the 
above  tract  of  land.  Recorded  in  Book  D,  Vol.  5,  page  358,  of  the 
deed  records  of  Webb  County. 

For  consent  to  purchase  and  provision  for  cession  of  jurisdiction, 
see  acts  of  the  State  Legislature  under  the  title  "General  Acts  of 
Cession." 

Revocable  Licenses:  Licenses,  August  17,  1881,  and  July  25,  1890, 
by  the  Department  Commander  to  the  International  and  Great 
Northern  and  Mexican  National  Railroad  Companies  to  construct  a 
spur  track  on  the  reservation. 


TEXAS.  381 


License  March  29,  1909,  to  same  company  to  connect  depot  and 
closets  .with  post  sewer. 

PELICAN    SPIT. 

This  reservation  contains  an  area  of  about  978.63  acres,  and  is  sit- 
uated in  Galveston  Bay,  near  the  City  of  Galveston,  in  Galveston 
County.  The  title  is  as  follows: 

1.  Letters  patent  from  the  State  of  Texas,  dated  May  25,  1859, 
conveying  a  tract  by  metes  and  bounds.     Recorded  in  Vol.  19  of  the 
records  of  patents  in  the  office  of  the  Commissioner  of  the  General 
Land  Office,  at  Austin.  ' 

Deed  from  the  Governor  of  the  State  of  Texas,  dated  July  14, 
1859',  ceding  jurisdiction.  (See  acts  of  the  State  Legislature  ap- 
proved December  19,  1849,  and  February  12,  1854,  under  the  title 
"  General  Acts  of  Cession.") 

2.  Deed  from  the  City  of  Galveston,  dated  April  29,  1907,  con- 
veying entire  reservation,  understood  to  include  tract  conveyed  by 
former  deed.     Recorded  in  Book  221,  page  416,  et  seq.,  Galveston 
County.     Conveyance  authorized  by  Act  of  State  Legislature,  ap- 
proved April  18,  1907,  which  releases  the  title  of  the  State  to  the 
premises  and  cedes  jurisdiction  thereover  "  subject  to  the  provisions 
of  Article  375  of  the  Revised  Civil  Statutes  of  the  State  of  Texas  ", 
which  provides  as  follows : 

"  No  such  cession  of  jurisdiction  shall  ever  be  made,  except  upon 
the  express  condition  that  the  state  of  Texas  shall  retain  concurrent 
jurisdiction  with  the  United  States  over  the  lands  so  ceded,  and 
every  portion  thereof,  so  far,  that  all  process,  civil  or  criminal, 
issuing  under  the  authority  of  this  state,  or  any  of  the  courts  or 
judicial  officers  thereof,  may  be  executed  by  the  proper  officers  of  this 
state,  upon  any  person  amenable  to  the  same,  within  the  limits  of  the 
land  so  ceded,  in  like  manner  and  with  like  effect  as  if  no  such 
cession  had  taken  place;  and  such  condition  shall  be  always  inserted 
in  any  instrument  of  cession  under  the  provisions  of  this  title." 

License  to  the  Treasury  Department,  April  14,  1909,  for  use  in 
rebuilding  Life-Saving  Station. 

FORT   RINGGOLD. 

This  reservation  contains  an  area  of  334  acres  within  metes  and 
bounds  as  given  in  G.  O.  No.  167,  W.  D.,  October  3,  1906,  and  in- 
cludes all  accretions  thereto  since  the  survey  referred  to  in  the  decree 
of  condemnation.  It  is  situated  on  the  Rip  Grande,  23  miles  from 
San  Miguel,  on  the  Mexican  National  Railroad,  in  Starr  County. 
The  title  is  as  follows: 

Decree  of  condemnation  for  the  above  334  acres  of  land  in  Cause 
No.  256,  The  United  States,  by  Nelson  B.  Sweitzer,  v.  Josefa  Garza 
de  Salinas  et  al.,  in  the  District  Court  of  Starr  County.  Rendered 
March  30,  1878,  and  recorded  in  Book  B,  pages  421  to  423,  of  the 
minutes  of  said  Court.  Amended  March  Term,  1879,  and  entered 
in  lieu  of  original  decree  and  recorded  on  page  464,  etc.,  of  the 
minutes  of  said  Court. 


382  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

For  provision  for  acquiring  property  by  condemnation,  etc.,  see 
Acts  of  the  State  Legislature  under  the  title  "General  Acts  of 
Cession." 

SAN    ANTONIO   ARSENAL. 

This  reservation  contains  about  19.65  acres,  and  is  situated  in  the 
City  of  San  Antonio,  in  Bexar  County.  The  title  is  as  follows : 

1.  Deed  from  Gregory  P.  Divine,  dated  March  8,  1859,  conveying 
8.17  acres  of  land.     Recorded  in  Book  R,  No.  1,  page  198,  etc.,  of  the 
deed  records  of  Bexar  County. 

2.  Deed  from  P.  H.  Bell  and  wife,  dated  May  2,  1859,  conveying 
7.75  acres  of  land.     Recorded  in  Book  R,  No.  1,  page  197,  etc.,  of 
same  records. 

3.  Deed  from  Adele  R.  T.  Beauregard,  et  al.,  dated  July  11,  1881, 
conveying  about  3.73  acres  by  metes  and  bounds.     Recorded  in  Vol. 
20,  page  188,  etc.,  of  same  records. 

For  jurisdiction,  etc.,  see  Act  of  the  State  Legislature  approved 
December  19,  1849,  and  Act  amendatory  thereof,  approved  February 
13,  1854,  under  the  title  "  General  Acts  of  Cession." 

Deed  from  Governor  of  Texas,  ceded  jurisdiction  over  tracts  1  and 
2,  supra,  in  accordance  with  the  Constitution  and  foregoing  cited 
Laws  of  the  State  of  Texas.  Deed  dated  September  22,  1859. 

Revocable  License,  May  7,  1895,  to  the  City  of  San  Antonio,  to 
construct  and  maintain  a  sewer. 

SAN  ANTONIO    NATIONAL   CEMETERY. 

This  reservation  contains  an  area  of  about  3.63  acres,  and  is  situated 
at  San  Antonio,  in  Bexar  County.  The  title  is  as  follows: 

1.  Deed  from  the  City  of  San  Antonio,  dated  November  15,  1867, 
conveying  1.09  acres  of  land. 

2.  Deed  from  the  City  of  San  Antonio,  dated  April  14,  1871,  con- 
veying 1.89  acres  of  land,  in  lieu  of  deed  marked  No.  1,  supra,  and 
unrecorded.     Recorded  in  Book  W  1,  page  155,  of  the  deed  records 
of  Bexar  County.     Duplicate  deed  authorized  at  a  regular  meeting 
of  the  City  Council,  April  11,  1871,  and  recorded  in  Book  C,  page 
17,  of  the  minutes  of  said  Council. 

3.  Deed  from  the  City  of  San  Antonio,  dated  April  10,  1884,  con- 
veying about  1.75  acres  of  land.     Recorded  in  Vol.  33,  page  442,  of 
the  deed  records  of  Bexar  County.     Sale  authorized  at  a  regular 
meeting  of  the  City  Council,  February  19,  1884,  and  recorded  in  the 
minutes  of  said  Council  in  the  City  Clerk's  Office. 

Paragraph  35  of  Section  1  of  Article  3  of  an  Act  of  the  State  Leg- 
islature entitled  "An  Act  to  incorporate  the  City  of  San  Antonio," 
approved  June  17,  1856,  authorizes  and  empowers  the  City  to  sell  any 
of  its  property,  real  or  personal,  lying  within  or  beyond  the  limits  of 
the  City. 

For  jurisdiction,  etc.,  see  acts  of  the  State  Legislature,  under  the 
title  "  General  Acts  of  Cession ;"  and  deed  from  the  Governor  of 
Texas,  ceding  jurisdiction  over  the  lands  described  in  deed  marked 
No.  3,  supra,  in  accordance  with  the  Constitution  and  the  foregoing 
cited  Laws  of  the  State  of  Texas.  Recorded  in  Vol.  38,  page  278, 
etc.,  of  the  deed  records  of  Bexar  County. 


TEXAS.  383 

FORT   SAN    ,T AC 'IX TO. 

This  reservation  contains  an  area  of  about  419  acres,  and  is  situated 
on  the  east  end  of  Galveston  Island,  in  Galveston  County.  The  title 
is  as  follows : 

Reserved  for  public  purposes  by  an  act  of  the  Republic  of  Texas, 
dated  December  9,  1836,  and  under  the  Joint  Resolution  of  Congress 
passed  March  1,  1845  (Articles  of  Annexation),  was  ceded  to  the 
United  States. 

The  following  Act  empowered  the  Governor  to  cede  the  reservation : 

"  SECTION  1.  Be  it  enacted  ~by  the  Legislature  of  the  State  of 
Texas:  That  the  Governor  thereof  be,  and  hereby  is,  authorized  and 
fully  empowered  to  cede,  transfer  and  deliver  over  to  the  United 
States  or  any  agent  or  agents  by  them  appointed,  by  such  instrument 
in  writing,  or  other  means  as  he  may  deem  proper  and  necessary,  all 
the  public  edifices,  fortifications,  barracks,  ports  and  harbors,  navy 
and  navy-yards,  docks,  magazines,  arms  and  armaments,  and  all  other 
property  and  means  pertaining  to  the  public  defence,  belonging  to 
the  Republic,  now  the  State,  of  Texas."  (Approved  March  25, 
1846.) 

See  also  General  Acts  of  Cession. 

Revocable  license.  March  27,  1905,  to  Navy  Department  for  wire- 
less telegraph  station. 

FORT  SAM  HOUSTON. 

This  reservation  contains  an  area  of  about  937.74  acres,  including 
the  drill  and  camping  site  mentioned  in  No.  17,  infra,  with  metes 
and  bounds  as  given  in  G.  O.  No.  11,  W.  D.,  January  22,  1909.  It  is 
situated  in  and  near  the  City  of  San  Antonio,  in  Bexar  County.  The 
title  is  as  follows : 

1.  Deed  of  Donation  from  the  City  of  San  Antonio,  dated  May  6, 
1870,  conveying  about  40  acres  of  land.    Recorded  in  Book  V,  No.  1, 
page  433,  etc.,  of  the  deed  records  of  Bexar  County. 

2.  Deed  of  Donation  from  the  City  of  San  Antonio,  dated  August 
11,  1871,  conveying  43  acres  of  land.    Recorded  in  Book  W,  No.  1, 
page  324,  etc.,  of  same  records. 

3.  Deed  of  Donation  from  the  City  of  San  Antonio,  dated  June  16, 
1875,  conveying  9.07  acres  of  land.     Recorded  in  Vol.  2,  page  467, 
etc.,  of  same  records. 

4.  Deed  of  Donation  from  the  City  of  San  Antonio,  dated  June  30, 
1878,  conveying  by  metes  and  bounds.,  according  to  a  resurvey  made 
by  the  United  States  Government,  the  lands  described  in  the  fore- 
going deeds  of  donation  marked  Nos.  1,  2  and  3,  supra,  aggregating 
92.79  acres.    Recorded  in  Vol.  No.  11,  page  150,  etc.,  of  same  records. 

5.  Deed  from  William  W.  Dykman,  dated  September   11,  1882, 
conveying  about  0.17  acre.     Recorded  in  Vol.  27,  page  370,  etc.,  of 
same  records. 

6.  Deed  from  E.  H.  Cunningham  and  wife,  dated  September  25, 
1882,  conveying  about  42  acres  of  land.    Recorded  in  Vol.  27,  page 
371,  etc.,  of  same  records. 

7.  Deed  from  William  Trout  and  wife,  dated  October  10,  1882, 
conveying  about  1  acre.    Recorded  in  Vol.  27,  page  366,  etc.,  of  same 
records. 


384  UNITED    STATES    MILITAKY   RESERVATIONS,   ETC. 

8.  Deed  from  Christian  Mueller  and  wife,  dated  October  11,  1882, 
conveying  about  0.17  acre.     Recorded  in  Vol.  27,  page  368,  etc.,  of 
same  records. 

9.  Deed  from  Jennie  L.   Smith  and  husband,  dated  October  11, 
1882,  conveying  about  0.17  acre.    Recorded  in  Vol.  27,  page  364,  etc., 
of  same  records. 

10.  Deed  from  John  McMahon,  dated  November  13,  1882,  convey- 
ing about  0.21  acre.     Recorded  in  Vol.  27,  page  367,  etc.,  of  same 
records. 

11.  Deed  from  James  H.  Bigger,  dated  November  2,  1882,  releasing 
claim  pursuant  to  decree  of  Probate  Court  of  Bexar  County  to  lands 
covered  by  deeds  5  to  10,  supra.    Recorded  in  Vol.  25,  pages  172-175, 
of  same  records. 

12.  Deed  from  Edward  Braden  and  wife,  dated  December  2,  1882, 
conveying  about  4.88  acres. 

13.  Deed  from  John  Moreau  and  wife,  dated  November  2,  1882, 
conveying  about  0.18  acre. 

14.  Deed  from  E.  H.  Cunningham  and  wife,  dated  December  5, 
1882,  conveying  about  1.78  acres. 

15.  Deed  from  H.  B.  Adams  and  E.  D.  L.  Wickes,  dated  December 
8,  1882,  conveying  about  1.024  acres. 

16.  Decree  of  Condemnation  in  Cause  No.  1183,  The  United  States 
of  America  v.  Unknown  Owners  of  19.29  acres  of  land   (including 
lands  conveyed  by  above  deeds  Nos.  12  to  15,  inter  alia),  in  the  Dis- 
trict Court  of  Bexar  County.    Rendered  and  made  final  May  25,  1883, 
and  filed  with  the  record  in  the  cause  in  the  Clerk's  Office  of  said 
Court.    Recorded  in  Vol.  27,  page  579;  etc.,  of  same  records. 

17.  Deed  from  Caroline  Kampmann,  dated  August  26,  1886,  con- 
veying 310  acres.    Recorded  in  Vol.  53,  page  544,  etc.,  of  same  records. 
(This  tract  is  about  3  miles  north  of  the  post  proper.) 

18.  Deed  from  Charles  John  Cunningham,  dated  August  7,  1903, 
conveying  40.08  acres.     Recorded  in  Book  223,  page  143,  of  same 
records. 

19.  Deed  from  Ed  H.  Cunningham  and  wife,  dated  August  31, 
1903,  conveying  49.23  acres,  more  or  less.    Recorded  in  Book  223,  page 
144,  of  same  records. 

20.  Deed  from  Dan  Sullivan,  dated  October  27,  1903,  conveying 
19.81  acres.    Recorded  in  Book  223,  page  142,  of  same  records. 

21.  Eighty-four  deeds  and  five  decrees  in  condemnation  covering 
the  acquisition  of  361.862  acres — the  names  of  the  grantors  or  owners, 
the  date  of  each  deed  or  decree,  and  the  place  of  record  of  the  same 
being  as  follows: 

Deeds. 

1.  Max  Ulrich ;  August  8,  1906 ;  Book  261,  page  56. 

2.  J.  T.  Hambleton,  Admr.;  August  11,  1906;  Book  258,  page  276. 

3.  D.  A.  Nease,  et  ux.;  August  2,  1906;  Book  261,  page  53. 

4.  Julia  E.  Toohey;  August  14,  1906;  Book  261,  page  180. 

5.  Adelia  C.  Cresson;  July  30,  1906;  Book  256,  page  2T7. 

6.  Geo.  A.  Drew,  et  ux.;  September  11,  1906;  "Book  261,  page  85. 

7.  Frank  R.  Newton ;  July  30,  1906 ;  Book  256,  page  287. 

8.  Robert  W.  Mehegan;  August  6,  1906;  Book  256,  page  279. 

9.  L.  I.  Cooke;  July  25,  1906;  Book  256,  page  309. 


TEXAS.  385 

10.  Theo.  Buhler;  June  29,  1906;  Book  261,  page  30. 

11.  E.  Blum;  July  30,  1906;  Book  256,  page  276. 

12.  Mary  M.  Lane;  July  21,  1906;  Book  256,  page  290. 

13.  Adelia  C.  Cresson;  August  21,  1906;  Book  256,  page  278. 

14.  J.  V.  Fourmy;  August  15,  1906;  Book  261,  page  77. 

15.  Imogene  T.  Hambleton;  August  7,  1906;  Book  261,  page  6. 

16.  J.  D.  Guinn;  August  7,  1906;  Book  261,  page  7. 

17.  George  W.  Brackenridge ;  July  27,  1906;  Book  261,  page  17. 

18.  W.  A.  Chapman,  et  ux.;  August  3,  1906;  Book  256,  page  306. 

19.  John  T.  Harrison,  et  ux.;  July  30,  1906;  Book  261,  page  35. 

20.  E.  H.  Major,  et  ux.;  July  30,  1906;  Book  261,  page  29. 

21.  J.  M.  Krakauer,  et  al.;  July  30,  1906;  Book  261,  page  57. 

22.  Chas.  Tessmann,  et  ux.;  July  30,  1906 ;  Book  261,  page  36. 

23.  Frank  Zizik;  August  15,  1906;  Book  261,  page  1. 

24.  Samuel  Dalkowitz;  August  2,  1906;  Book  256,  page  307. 

25.  John  McHugo,  Sr.;  July  30,  1906;  Book  261,  page  81. 

26.  Ida  Elbers  Haueisen,  et  al.;  July  21,  1906;  Book  258,  page  144. 

27.  Pablo  Cruz;  July  30,  1906;  Book  261,  page  31. 

28.'  Frederick  W.  Bender;  July  30,  1906;  Book  261,  page  42. 

29.  Henry  Dietrick;  July  30,  1906;  Book  256,  page  319. 

30.  F.  M.  Giraud;  August  15,  1906;  Book  261,  page  34. 

31.  Eloise  Polk  McGill;  August  15,  1906;  Book  261,  page  44. 

32.  George  D.  Allardyce,  et  ux.;  Aug.  7,  1906;  Book  258,  page  274. 

33.  B.  E.  Taylor,  et  al.;  August  3,  1906;  Book  261,  page  260. 

34.  Edward  Charles  Buck;  May  14,  1907;  Book  265,  page  573. 

35.  John  Washington,  et  ux.;  July  30,  1906;  Book  261,  page  50. 

36.  Mary  J.  Schmidt;  July  20,  1906;  Book  261,  page  45. 

37.  Amanda  J.  Dignowitz;  August  16,  1906;  Book  256,  page  289. 

38.  Frank  Grice;  July  27,  1906;  Book  261,  page  23. 

39.  A.  B.  Frank;  July  28,  1906;  Book  261,  page  47. 

40.  Abraham  Mathews,  et  ux.;  July  30,  1906 ;  Book  261,  page  2. 

41.  J.  V.  Fourmy,  et  al.;  August  15,  1906;  Book  261,  page  78. 

42.  C.  F.  Kleine;  July  30,  1906;  Book  261,  page  25. 

43.  John  C.  Williams;  August  1,  1906;  Book  261,  page  4. 

44.  John  E.  Shook;  July  30,  1906;  Book  261,  page  12. 

45.  W.  H.  Ford;  July  30,  1906;  Book  261,  page  14. 

46.  Philipp  Weilbacher,  et  ux.;  July  30,  1906;  Book  261,  page  21. 

47.  Santiago  Garcia,  et  ux.;  Aug.  1,  1906;  Book  261,  page  33. 

48.  Andrew  Irvin,  et  ux.;  July  30,  1906;  Book  261,  page  8. 

49.  Christian  Schaezler,  et  ux.;  July  30,  1906;  Book  261,  page  16. 

50.  Werner  Wilkens;  June  9,  1906;  Book  261,  page  10. 

51.  Society  of  Mary;  August  9,  1906;  Book  261,  page  79. 

52.  David  S.  Stanley;  August  29,  1906;  Book  261,  page  39. 

53.  Wm.  B.  Kendall,  et  ux.;  July  31,  1906;  Book  261,  page  15. 

54.  Vinton  L.  James;  August  1,  1906;  Book  261,  page  41. 

55.  Sidney  James;  August  7,  1906;  Book  261,  page  37. 

56.  H.  M.  Donoho,  et  al.;  July  30,  1906;  Book  256,  page  308. 

57.  Paul  Meerscheidt,  et  al.;  Aug.  7,  1906;  Book  261,  page  13. 

58.  Herman  Weiss,  sr.;  et  ux.;  July  30,  1906;  Book  261,  page  55. 

59.  George  Oswalt,  et  ux.;  July  30,  1906;  Book  261,  page  48. 

60.  Wm.  A.  Miller;  August  2,  1906;  Book  261,  page  27. 

61.  Martin  Stahl,  et  ux.;  August  6,  1906;  Book  261,  page  49. 

62.  Edward  Suche,  et  ux.;  July  30,  1906;  Book  261,  page  11. 

16809—10 25 


386  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

63.  Ferdinand  Binz,  et  ux.;  July  30,  1906 ;  Book  256,  page  317. 

64.  Commonwealth  Land  and  Improvement  Company;  August  8. 
1906;  Book  256,  page  318. 

65.  W.  B.  Russell,  et  ux.;  July  30,  1906;  Book  261,  page  9. 

66.  Henry  W.  Stolte;  July  30,  1906;  Book  261,  page  46. 

67.  L.  Strom;  July  27,  1906;  Book  261,  page  181. 

68.  Eligio  Medina;  August  1,  1906;  Book  261,  page  20. 

69.  John  A.  Reus,  et  ux.;  August  6,  1906;  Book  261,  page  22. 

70.  Edward  Dreiss,  et  al.;  July  30,  1906;  Book  261,  page  24. 

71.  Semp  Russ ;  December  12,  1906 ;  Book  256,  page  288. 

72.  Fredericka  Zwally;  August  11,  1906;  Book  261,  page  40. 

73.  J.  H.  Mayfield;  August  23,  1906;  Book  261,  page  58. 

74.  Theo.  Kash,  et  ux.;  July  31,  1906;  Book  261,  page  3. 

75.  Lafayette  Haywood,  et  ux.;  July  30,  1906;  Book  261,  page  26. 

76.  City  of  San  Antonio;  Nov.  26,  1906;  Book  259,  page  31. 

77.  John  H.  James,  et  al.;  August  — ,  1906;  Book  259,  page  27. 

78.  Lone  Star  Brewing  Co.;  Aug.  6,  1906;  Book  261,  page  32. 

79.  Frank  F.  Moeller,  sr.,  et  ux.;  July  30,  1906;  Book  261,  page  38. 

80.  Fred  Schnell,  et  ux.;  July  30,  1906 ;  Book  261,  page  5. 

81.  Geo.  W.  Brackenridge ;  October  3,  1906;  Book  261,  page  19. 

82.  Geo.  W.  Brackenridge;  Sept.  18,  1906;  Book  261,  page  18. 

83.  Sam  Maverick;  October  11,  1906;  Book  259,  page  25. 

84.  The  Washington  Heights  Improvement  Company;  June   19, 
1907;  Book  265,  page  480. 

Decrees  in  condemnation. 

1.  Against   Charles   and   Louise  Klaus;   Aug.   20,   1906;   County 
Court  of  Bexar  County,  Texas ;  Vol.  265,  page  407. 

2.  Against  Otto  E.  Reinhard;  Sept.  11,  1906;  County  Court  of 
Bexar  County,  Texas;  Vol.  259,  page  26. 

3.  Against  J.  C.  Hovel ;  August  18,  1906 ;  County  Court  of  Bexar 
County,  Texas;  Vol.  265,  page  408. 

4.  Against  Jacob  Klaus,  et  al.;  Feb.  8,  1907;  County  Court  of 
Baxar  County,  Texas ;  Vol.  265,  page  404. 

5.  Against  M.  H.  Harrington;  November  8,  1907;  County  Court 
of  Bexar  County,  Texas ;  Vol.  274,  page  578. 

(By  an  Act  of  Congress,  approved  January  29,  1887,  a  strip  of  land 
known  as  "  Pine  Street  "  was  released  to  the  City  of  San  Antonio.) 

Paragraph  35  of  Section  i  of  Article  3  of  an  Act  of  the  State  Legis- 
lature entitled  "An  Act  to  incorporate  the  city  of  Antonio,"  approved 
June  17,  1856,  authorizes  and  empowers  the  City  to  sell  any  of  its 
property,  real  or  personal,  lying  within  or  beyond  the  limits  of 
the  City. 

For  consent  to  purchase,  condemnation  proceedings,  and  cession  of 
jurisdiction,  see  Acts  of  the  State  Legislature  under  the  title  "  Gen- 
eral Acts  of  Cession." 

Under  the  Act  above  cited,  the  following  were  executed: 

1.  Deed  from  the  Governor  of  Texas,  ceding  jurisdiction  over  40 
acres,  more  or  less,  in  accordance  with  the  Constitution  and  the  fore- 
going cited  Laws  of  the  State  of  Texas.     Dated  June  23,  1870. 

2.  Deed  from  same  to  same,  dated  June  4,  1883,  ceding  jurisdiction 
over  after-acquired  lands,  in  accordance  with  the  Constitution  and 
Laws  of  Texas.    Recorded  in  Vol.  27,  page  310,  etc.,  of  same  records. 


UTAH.  387 

3.  Deed  from  same  to  same,  dated  August  17,  1883,  ceding  jurisdic- 
tion over  after-acquired  lands,  in  accordance  with  the  Constitution 
and  Laws  of  Texas.     Recorded  in  Vol.  31,  page  143,  etc.,  of  same 
records. 

4.  Deed  from  same  to  same,  dated  April  19,  1887,  ceding  jurisdic- 
tion over  310  acres,  in  accordance  with  the  Constitution  and  Laws  of 
Texas.     Recorded  in  Vol.  54,  pages  54  and  55,  of  same  records. 

5.  Deed  from  same  to  same,  dated  January  26,  1904,  ceding  juris- 
diction over  109.12  acres,  in  accordance  with  the  Constitution  and 
Laws  of  Texas.     Recorded  in  Executive  Record,  Vol.  293,  page  618, 
etc. 

6.  Governor's    deeds   of    June    29,    1907.    October   29,    1907,   and 
January  2,  1908,  ceding  jurisdiction  over  the  entire  tract  of  361.862 
acres   (see  Xo.   21,  supra],  except  "Maverick  Park  Tract"    (area 
2.812  acres). 

Revocable  Licenses:  License,  February  27,  1897,  to  the  Southwest- 
ern Telegraph  and  Telephone  Company  to  place  four  one-inch  iron 
guy  rods  on  the  reservation. 

License,  August  1,  1905,  to  George  W.  Brackenritlge  and  others  to 
erect  and  maintain  buildings  on  the  reservation  "  for  the  promotion 
of  the  social,  physical,  intellectual  and  moral  welfare  of  the  garri- 
son." 

License,  September  11,  1906,  to  Mr.  Clemens  Koehler  to  occupy  as 
a  residence  for  himself  and  family,  the  old  range  house  situated  on 
The  Target  Range,  about  three  miles  north  of  Fort  Sam  Houston. 

FORT   TRAVIS. 

This  reservation  contains  96.2  acres,  and  is  situated  at  Bolivar 
Point  in  the  City  of  Galveston.  The  title  is  as  follows: 

1.  Deed  from  Charles  C.  Adams  and  Martha  J.  Adams,  dated  Feb- 
ruary 21,  1898,  conveying  Blocks  124,  125,  148,  149,  150,  172,  173,  174, 
175,  197,  198,  199,  200,  222,  223,  224,  225,  247,  248,  249,  250,  272A,  273, 
274,  275;  portions  of  Water  Lots  162  and  163,  and  Water  Lots  164  to 
185  inclusive.     Recorded  in  Book  155,  page  205,  etc.,  of  the  deed  rec- 
ords of  Galveston  County. 

2.  Deed   from  the   Commissioner's  Court,   County   of  Galveston, 
dated  February  28,  1898,  conveying  the  right  to  close  to  the  public 
use  all  streets,  alleys,  lots  and  highways  in  the  above  tract.     Deed 
recorded  in  Book  155,  page  231,  etc.,  of  same  records. 

3.  Deed  from  the  Governor  of  Texas,  dated  June  8,  1898,  ceding 
jurisdiction  over  above  tract. 

See  also  General  Acts  of  Cession. 

UTAH. 

GENERAL  ACT  OF  CESSION. 

"  SECTION  1.  Jurisdiction  is  hereby  ceded  to  the  United  States  in, 
to  and  over  any  and  all  lands  or  territory  within  this  State  which  has 
been  or  may  be  hereafter  acquired  by  the  United  States  for  the  pur- 
pose of  sites  for  public  buildings,  of  every  kind  whatever,  authorized 
by  act  of  Congress;  the  State,  however,  reserving  the  authority  to 
execute  its  process,  both  criminal  and  civil,  within  such  territory. 


388  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

"  SEC.  2.  The  Governor  is  hereby  authorized  and  empowered  to 
execute  all  proper  conveyances  in  the  cession  herein  granted  upon 
request  of  the  said  United  States,  or  proper  officers  thereof,  whenever 
any  land  shall  have  been  acquired  for  such  purpose. 

"  SEC.  3.  This  act  shall  take  effect  upon  approval." 

(Approved  February  20,  1903.     Laws  of  Utah,  1903,  p.  9,  ch.  14.) 


FORT    DOUGLAS. 


This  reservation  contains  an  area  of  about  9,995  acres,  and  adjoins 
Salt  Lake  City,  in  Salt  Lake  County.  The  title  is  as  follows : 

1.  A  reservation  of  4  square  miles,  taken  from  the  public  domain, 
was  made  by  Executive  Order  of  September  3,  1867;  but  the  original 
tract  of  2,560  acres  has  been  reduced  to  about  2,180  acres  under  the 
following  Acts  of  Congress: 

A.  Act  of  May  16,  1874,  granting  20  acres  to  Salt  Lake  City  for 
cemetery  purposes; 

B.  Act  of  January  21,  1885,  restoring  151.81  acres,  claimed  by 
Charles  Popper,  to  the  public  domain ; 

C.  Act  of  July  23,  1894,  granting  a  tract  of  60  acres  for  a  site  and 
campus  for  the  University  of  Utah ; 

D.  Act  of  May  16,  1906  (34  Stat.  L.,  195),  making  an  additional 
grant  of  32  acres  to  the  University  of  Utah ;  reserving  the  perpetual 
right  for  existing  sewer  or  a  "  new  sewer  system  "  across  the  premises ; 

E.  Act  of  June  29, 1906  (34  Stat.  L.,  612),  authorizing  conveyance, 
in  exchange  for  other  lands  and  easements,  and  subject  to  certain 
reservations,  to  Le  Grand  Young  of  42.3  acres,  lying  between  the 
University  lands  and  Popperton  Place;  and  of  right  of  way,  100 
feet  wide,  containing  about  24  acres,  along  the  south  side  of  reser- 
vation.    Conveyance  made  by  deed  of  the  Secretary  of  War,  dated 
October  8,  1906. 

F.  Act  of  January  23,  1909  (35  Stat.  L.,  589),  authorizing  the  con- 
veyance to  the  Mount  Olivet  Cemetery  Association  of  about  50  acres 
at  the  southwest  corner  of  the  reservation  for  cemetery  purposes  in 
exchange  for  tract  of  150.92  acres  elsew7here  (see  No.  7  post}.    Con- 
veyance made  by  Secretary  of  War  by  deed  dated  February  10,  1909. 

The  metes  and  bounds  of  the  original  reservation  excluding  tracts 
"A"  to  "  E,"  ante,  but  including  tract  "  F,"  ante,  are  given  in  General 
Orders  No.  120,  War  Department,  1907. 

2.  Deed  from  Le  Grand  Young,  trustee,  etc.,  dated  April  23,  1888, 
conveying  about  1,905  acres  therein  described,  to  protect  and  pre- 
serve the  water  supply  of  Fort  Douglas.     Recorded  in  Book  2  N, 
page  343,  etc.,  of  the  deed  records  of  Salt  Lake  County.     The  fore- 
going tract  was  purchased  under  authority  of  an  Act  of  Congress, 
approved  March  3,  1887;  and  by  the  same  Act  about  1,920  acres  of 
other  lands  were  reserved  for  the  same  purpose,  making  the  addition 
by  that  Act,  3,825  acres. 

3.  The  reservation  was  again  enlarged  by  Executive  Order  dated 
March  13,  1890,  adding  2,520  acres  thereto  from  the  public  domain. 

4.  An  addition  of  about  209  acres  taken  from  the  public  domain 
was  made  by  Executive  Order  dated  June  8,  1896. 

5.  A  tract  of  land,  being  the  E.  £  of  NW.  J,  and  the  N.  £  of  SW.  J 
of  Sec.  24,  T.  1  N.,  R.  1  E.,  of  Salt  Lake  meridian,  aggregating  160 


UTAH.  389 

acres,  was  acquired  by  the  following  conveyances,  for  the  purpose  of 
protecting  the  water  supply.  (This  tract  of  land  is  included  in  those 
reserved  by  Act  of  Congress  of  March  3,  1887,  ante.} 

a.  Deed  from  Peter  Van  Houten  and  wife,  dated  January  8,  1904, 
conveying  80  acres.  Recorded  in  Book  6  W,  page  222,  of  same 
records. 

1).  Deed  from  James  Doull,  dated  March  14,  1904,  conveying  80 
acres.*  Recorded  in  Book  6  W,  page  222,  of  same  records. 

6.  Deed  from  Le  Grand  Young  and  wrife,  dated  July  14,  190G, 
conveying  about  750  acres,  and  releasing  easements  reserved  by  deed 
of  April  23,  1888,  and  also  those  granted  to  him  by  Act  of  March  3, 
1887   (No.  2  ante.}     Recorded  in  Book  "7  P"  page  134,  of  same 
records. 

7.  Deed  from  L.  H.  and  J.  A.  Young,  dated  January  16,  1909, 
conveying  to  the  United  States  150.92  acres  (consideration  paid  by 
the  Mount  Olivet  Cemetery  Association).     Recorded  in  Book  "  7-L," 
page  599,  of  same  records. 

8.  Deed  from  Miss  Hilda  Fosness,  dated  May  26,  1909,  conveying 
360  acres.     Recorded  in  Book  "  5-U,"  pages  377  and  378,  of  same 
records. 

For  jurisdiction,  see  General  Act  of  Cession;  and  deed  under 
authority  of  same  from  the  Governor  of  the  State,  dated  February 
24,  1904,  ceding  jurisdiction  over  the  reservation  as  then  existing. 

Easements:  Pursuant  to  Act  of  Congress,  approved  March  3,  1887, 
the  Secretary  of  War,  May  31,  1888,  approved  the  selection  of  a 
right  of  way  100  feet  wide  across  the  reservation,  by  the  Salt  Lake 
and  Fort  Douglas  Railway  Company. 

.Pursuant  to  Act  of  Congress,  approved  March  3,  1887,  the  Secre- 
tary of  War,  October  12,  1888,  granted  permission  to  the  Salt  Lake 
and  Fort  Douglas  Railway  Company  to  remove  government  stable 
to  another  location  and  to  build  a  station  on  its  site. 

Act  of  May  29,  1908  (35  Stat,  472)  grants  to  Salt  Lake  City  a 
"  perpetual  easement  and  right  of  way  "  for  conduit  pipe  line  as  now 
constructed  through  the  reservation. 

Revocable  Licenses:  License,  September  10,  1890,  to  The  Salt  Lake 
City  Railroad  Company  to  enter  upon  the  reservation  and  construct, 
maintain  and  use  thereon  an  electric  railway. 

License,  February  28,  1893,  to  The  Popperton  Place  and  Fort 
Douglas  Rapid  Transit  Company  to  enter  upon  reservation  and  con- 
struct, maintain  and  use  thereon  a  line  of  electric  railway. 

License,  March  3,  1897,  to  the  Salt  Lake  Pressed  Brick  Company 
to  extract  red  clay  from  reservation  for  the  purpose  of  manufactur- 
ing fire  brick. 

License,  March  1,  1905,  to  Geo.  T.  Wallace,  of  Salt  Lake,  Utah,  to 
care  for  and  improve  a  strip  of  land,  approximately  1,000  feet 
square. 

License,  May  11,  1905,  to  The  Utah  Independent  Telephone  Com- 
pany, for  telephone  line  and  exchange. 

License,  September  25,  1905,  to  The  Western  Union  Telegraph 
Company,  for  telegraph  line. 

License,  November  7,  1905,  to  The  Rocky  Mountain  Bell  Telephone 
Company,  for  telephone  line. 

License,  January  6,  1906,  to  University  of  Utah,  for  18-inch  water 
main. 


390  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

FORT    DUCHESNE. 

This  reservation  contains  an  area  of  6  square  miles,  or  3,840  acres, 
and  is  situated  on  the  right  bank  of  the  Uintah  River  about  8  miles 
above  its  confluence  with  the  Duchesne  River,  within  the  limits  of  the 
Uintah  Indian  Reservation,  in  Uintah  County.  By  Executive  Order 
dated  September  1,  1887  (G.  O.  No.  59,  A.  G.  O.,  Sept.  3,  1887),  the 
above  tract  embraced  within  the  limits  of  the  Uintah  Indian  Reser- 
vation, created  by  Executive  Order  dated  October  3,  1861,  and  Act 
of  Congress  approved  May  5, 1864,  was  proclaimed  a  military  reserva- 
tion for  the  post  of  Fort  Duchesne.  No  cession  as  a  military  reserva- 
tion, but  as  the  Indian  title  has  not  been  extinguished  (such  as  it 
is),  exclusive  jurisdiction  is  ceded  by  Section  2  of  Article  3  of  the 
Constitution  of  the  State  of  Utah,  which  provides  as  follows : 

"  The  people  inhabiting  this  State  do  affirm  and  declare  that  they 
forever  disclaim  all  right  and  title  to  the  unappropriated  public 
lands  lying  within  the  boundaries  hereof,  and  to  all  lands  lying 
within  said  limits  owned  or  held  by  any  Indian  or  Indian  tribes," and 
that  until  the  title  thereto  shall  have  been  extinguished  by  the  United 
States,  the  same  shall  be  and  remain  subject  to  the  disposition  of  the 
United  States,  and  said  Indian  lands  shall  remain  under  the  absolute 
jurisdiction  and  control  of  the  Congress  of  the  United  States."  * 

Revocable  Licenses:  License,  July  28,  1904,  to  Yee  Sing  to  conduct 
upon  the  reservation  the  laundry  heretofore  conducted  by  him  under 
permission  of  the  post  commander. 

License,  November  27,  1905,  to  The  Uintah  Railway  Company  to 
occupy  for  office  for  "  stage,  telegraph  and  telephone  line,"  such  por- 
tion of  the  "  Post  Trader's  "  building  as  may  be  designated  by  the 
post  commander. 

License,  December  7,  1905,  to  J.  E.  Horsley,  for  laundry. 

License,  April  3,  1906,  to  The  Vernal  and  Fort  DuChesne  Tele- 
phone Company,  for  telephone  system. 

License,  September  30,  1907,  to  H.  C.  Means,  Superintendent  of 
Irrigation,  for  use  of  certain  Buildings. 

OGDEN    OBSERVATORY. 

This  reservation  contains  an  area  of  2.57  acres,  and  is  situated  at 
Ogden,  in  Weber  County.  The  title  is  as  follows : 

1.  Deed  from  Myron  W.  Butler  and  wife,  dated  December  12, 
1874,  conveying  the  2.57  acres  above  noted.     Recorded  in  Book  J, 
page  11,  of  the  deed  records  of  Weber  County. 

2.  Deed  from  same,  dated  October  14,  1878,  conveying  same  land. 
Recorded  in  Book  L,  page  431,  of  same  records. 

VERMONT. 

GENERAL    ACT   OF    CESSION. 

"  It  is  hereby  enacted,  etc.,  SECTION  1.  That  pursuant  to  article  one, 
section  eight,  clause  seventeen  of  the  Constitution  of  the  United 
States,  consent  to  purchase  is  hereby  given,  and  exclusive  jurisdiction 
ceded,  to  the  United  States,  over  and  with  respect  to  any  lands  within 


VERMONT.  391 

the  limits  of  this  State  which  shall  be  acquired  by  the  United  States 
for  any  of  the  purposes  described  in  said  clause  of  the  Constitution 
of  the  United  States;  said  jurisdiction  to  continue  as  long  as  the  said 
lands  are  held  and  occupied  by  the  United  States  for  public  purposes : 
Reserving,  however,  to  this  State  a  concurrent  jurisdiction  for  the 
execution  upon  said  lands  of  all  process,  civil  or  criminal,  lawfully 
issued  by  the  courts  of  the  State,  and  not  incompatible  with  the  ces- 
sion: Provided  that  an  accurate  map  or  plan,  and  description  by 
metes  and  bounds  of  said  lands,  shall  be  filed  in  the  town  clerk's  office 
of  the  town  or  towns  in  which  the  same  are  situate :  and  Provided  that 
the  State  reserves  the  right  to  tax  all  property  of  any  railroad  or 
other  corporation  having  a  right  of  way  or  location  over  or  upon  the 
said  lands. 

"  SEC.  2.  This  act  shall  take  effect  from  its  passage." 
(Approved  August  26,  1891.     Laws  of  Vt,  Special  Session,  1891, 
p.  24.)    See,  also,  Vermont  Statutes,  1894,  sec.  2207. 

FORT  ETHAN  ALLEN. 

This  reservation  contains  an  area  of  790  acres,  more  or  less,  with 
metes  and  bounds  as  announced  in  G.  O.  No.  76,  W.  D.,  May  11, 
1908.  It  is  situated  in  Colchester  and  Essex  Townships  in  Chitten- 
den  County,  2  miles  from  Essex  Junction  and  6  miles  from  the  City 
of  Burlington.  The  original  purchase  of  600  acres  was  made  under 
authority  of  an  act  of  Congress  approved  August  5,  1892.  An  addi- 
tion of  190  acres  was  purchased  under  authority  of  an  act  of  Congress 
approved  August  18,  1894.  The  title  is  as  follows : 

1.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 50  acres  of  land.     Recorded  in  Vol.  28,  page  155,  of  the  Land 
Records  of  Chittenden  County,  in  the  Clerk's  Office  at  Colchester. 

2.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 26.76  acres  of  land.     Recorded  in  Vol.  28,  page  154,  of  same 
records. 

3.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 32.33  acres  of  land.     Recorded  in  Vol.  28,  page  153,  of  same 
records. 

4.  Deed  from  Sidney  H.  Weston,  dated  December  8,  1892,  convey- 
ing 20  acres  of  land.     Recorded  in  Vol.  28,  page  152,  of  same  records. 

5.  Deed  from  M.  F.  Kelley  and  wife,  dated  December  8,  1892,  con- 
veying 50  acres  of  land.     Recorded  in  Vol.  28,  page  156,  of  same 
records. 

6.  Deed  from  Madison  L.  Baldwin  and  wife,  dated  December  8, 
1892,  conveying  193  acres  of  land.     Recorded  in  Vol.  28,  page  159,  of 
same  records. 

7.  Deed  from  Edmund  J.  Moseley  and  wife,  dated  December  10, 
1892,  conveying  109  acres  of  land.    Recorded  in  Vol.  28,  page  160,  of 
same  records. 

8.  Deed  from  George  W.  Beckwith,  Assignee,  etc.,  dated  December 
15,  1892,  conveying  14.47  acres  of  land.     Recorded  in  Vol.  28,  page 
158,  of  same  records. 

9.  Deed  from  Graton  Brand  and  wife,  dated  December  21,  1892. 
conveying  43.45  acres  of  land.    Recorded  in  Vol.  20,  page  234,  of 
same  records. 


392  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

10.  Deed  from  Graton  Brand  and  wife,  dated  December  21,  1892, 
conveying  60.99  acres  of  land.     Kecorded  in  Vol.  28,  page  157,  of 
same  records. 

11.  Deed  from  Michael  Kelly,  dated  December  12,  1892,  conveying 
right  of  way  for  water  and  sewage.     Eecorded  in  Vol.  27,  page  421, 
of  same  records. 

12.  Deed  from  Graton  Brand,  dated  December  15,  1892,  conveying 
right  of  way  for  water  and  sewage.     Eecorded  in  Vol.  20,  page  235, 
of  same  records. 

13.  Deed  from  Graton  Brand,  dated  April  20,   1893,  conveying 
right  of  way  for  water  and  sewage.     Eecorded  in  Vol.  27,  page  441, 
of  same  records. 

14.  Deed  from  Edmund  J.  Moseley  and  wife,  dated  September  14, 
1893,  conveying  right  of  way  as  described.     Eecorded  in  Vol.  27, 
page  462,  of  same  records. 

15.  Decree  of  Condemnation  for  190  acres  of  land,  in  the  cause  of 
the  United  States  v.  Graton  Brand,  in  the  District  Court  of  the 
United  States  for  the  District  of  Vermont.     Eendered  January  8, 
1896,  and  filed  with  the  record  of  said  cause  in  the  Clerk's  Office  of 
said  Court  at  Brattleboro. 

16.  Deed  from  Graton  Brand  and  wife,  dated  June  22,  1896,  con- 
veying the  land  above  condemned  (No.  15,  supra).     Eecorded  in  Vol. 
30,  page  116,  of  said  county  records. 

17.  Eesolution  by  the  Town  of  Colchester  granting  the  right  to  the 
United  States  to  lay  and  forever  maintain  pipes  and  conduits  for 
sewage  in  the  highways  of  the  town,  and  also  discontinuing  for  the 
benefit  of  the  United   States  a  highway  called   "  Dunbar  Place." 
Passed  November  15,  1892,  and  recorded  in  the  office  of  the  Town 
Clerk  of  the  Town  of  Colchester. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  Gen- 
eral Assembly  of  the  State,  approved  November  18,  1892,  which  act 
provides  as  follows: 

"  SECTION  1.  The  consent  of  the  legislature  of  the  State  of  Ver- 
mont is  hereby  given  to  the  United  States  to  acquire  by  purchase,  gift 
or  otherwise,  such  lands  in  the  towns  of  Colchester  and  Essex  in  this 
State,  as  the  United  States  may  select  for  the  establishment  and 
maintenance  of  a  Military  Post ;  and  exclusive  jurisdiction  is  hereby 
ceded  to  the  United  States  over  and  in  respect  to  any  and  all  lands  in 
said  towns  of  Colchester  and  Essex  so  acquired  by  the  United  States 
for  such  purpose;  said  jurisdiction  to  continue  as  long  as  said  lands 
are  held  and  occupied  by  the  United  States  for  public  purposes; 
reserving  however  to  this  State  a  concurrent  jurisdiction  for  the  exe- 
cution upon  said  lands  of  all  process,  civil  or  criminal,  lawfully 
issued  by  the  Courts  of  this  State,  and  not  incompatible  with  this 
cession."  (Laws  of  Vermont,  1892,  p.  392.) 

See  also  General  Act  of  Cession. 

Easements:  The  title  acquired  under  decree  of  condemnation,  ren- 
dered January  8,  1896,  and  deed  from  Graton  Brand  and  wife,  ante, 
is  subject  to  an  easement  in  the  public  of  a  highway  called  the  Essex 
and  Winooski  road,  covering  7  acres,  and  to  an  easement  for  railway 
right  of  way  in  the  Central  Vermont  Eailroad  Company,  covering 
21.2  acres. 


VIRGINIA.  393 

Revocable  Licenses :  License,  June  15,  1893,  to  the  Central  Vermont 
Railroad  Company  to  construct,  maintain  and  use  a  side-track  on  the 
reservation. 

License,  May  16,  1906,  to  The  New  England  Telephone  and  Tele- 
graph Co.  for  telephone  system. 

GREEN    MOUNT  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  is  known  as  Lot  No.  324,  and  is  situated  in  "  Green 
Mount  Cemetery,"  in  the  city  of  Montpelier,  in  Washington  County. 
The  title  is  as  follows : 

Deed  from  the  Town  of  Montpelier,  dated  March  28,  1866,  con- 
veying above-described  lot. 

PROSPECT  HILL  CEMETERY. 

(Soldiers'  lot  in.) 

This  lot  contains  an  area  of  1,500  square  feet,  and  is  situated  in 
Prospect  Hill  Cemetery,  at  Brattleboro,  in  Windham  County.  The 
title  is  as  follows  : 

Deed  from  "  The  Prospect  Hill  Association,"  dated  August  28, 
1869,  conveying  above  lot.  Recorded  in  Book  Y,  page  520,  of  the 
deed  records  of  Windham  County,  in  the  Office  of  the  Town  Clerk  of 
Brattleboro. 

VIRGINIA. 

GENERAL  ACT  OF   CESSION. 

1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  of  Virginia  is 
hereby  given,  in  accordance  with  the  seventeenth  clause,  eighth  sec- 
tion, of  the  first  article  of  the  constitution  of  the  United  States,  to  the 
acquisition  by  the  United  States,  by  purchase,  condemnation,  or  other- 
wise, of  any  land  in  this  State  required  for  sites  for  custom  houses, 
courthouses,  postoffices,  arsenals,  or  other  public  buildings  whatever, 
or  for  any  other  purposes  of  the  government. 

2.  That  exclusive  jurisdiction  in  and  over  any  land  so  acquired  by 
the  United  States  shall  be,  and  the  same  is  hereby,  ceded  to  the  United 
States  for  all  purposes  except  the  service  upon  such  sites  of  all  civil 
and  criminal  process  of  the  courts  of  this  state;  but  the  jurisdiction 
so  ceded  shall  continue  no  longer  than  the  said  United  States  shall 
own  such  lands. 

3.  The  jurisdiction  ceded  shall  not  vest  until  the  United  States 
shall  have  acquired  the  title  to  said  lands  by  purchase,  condemnation, 
or  otherwise ;  and  so  long  as  the  said  lands  shall  remain  the  property 
of  the  United  States  when  acquired  as  aforesaid,  and  no  longer,  the 
same  shall  be  and  continue  exempt  and  exonerated  from  all  State, 
County,  and  municipal  taxation,  assessment,  or  other  charges  which 
may  be  levied  or  imposed  under  the  authority  of  this  State.     (Ap- 
proved April  2,  1902.     Acts  of  1901-2,  p.  565.     See  Virginia  Code, 
1904,  sec.  15a.) 


394  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

ALEXANDRIA   NATIONAL   CEMETERY. 

This  reservation,  containing  an  area  of  5.50  acres  of  land  and  right 
of  way,  is  situated  near  Alexandria,  in  Fairfax  County.  The  title  is 
as  follows: 

1.  Deed  from  John  H.  Baggett  and  wife,  dated  November  3,  1865. 
conveying  88,164  square  feet  of  ground.     Recorded  in  Liber  S,  No.  4, 
page  38,  of  the  deed  records  of  Fairfax  County. 

2.  Deed  from  John  H.  Baggett  and  wife,  dated  November  24,  1870, 
conveying  8-J  square  perches  of  land.     Recorded  in  Liber  S,  No.  4, 
page  37,  of  same  records. 

3.  Deed  from  John  Baggett  and  wife,  dated  December  19,  1882, 
conveying  1.61  acres  of  land.     Recorded  in  Liber  B,  No.  5,  page  576, 
of  same  records. 

4.  Lease  from  the  City  of  Alexandria,  for  999  years,  dated  June  1, 
1862,  leasing  2  acres  of  land.     Recorded  in  Liber  S,  No.  4,  page  41, 
of  same  records. 

5.  Quit-Claim  Deed  from  the  City  of  Alexandria,  dated  May  6, 
1875,  conveying  all  interest  in  land  described  in  above  lease.     Re- 
corded in  Liber  S,  No.  4,  page  238,  of  same  records. 

6.  Deed  from  the  City  of  Alexandria,  dated  July  17,  1891,  convey- 
ing a  right  of  way  30  feet  wide  over  certain  streets,  etc.,  to  the 
cemetery.     Recorded  in  Book  K,  No.  5,  page  623,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  Act  of  the  State 
Legislature,  approved  March  26,  1872,  which  provides  as  follows : 

"  1.  Whereas,  it  is  represented  by  William  Myers,  Captain  and 
depot  quartermaster,  that  he  is  instructed  by  the  Quartermaster- 
General  of  the  United  States  Army  to  apply  to  the  general  assembly 
for  its  consent  to  the  purchase  by  the  authorities  of  the  United  States 
of  a  tract  of  land  in  the  County  of  Fairfax,  near  the  City  of  Alex- 
andria, now  occupied  as  a  national  cemetery,  and  that  according  to 
his  description  of  said  land  it  is  laid  down  and  bounded  as  follows: 
[Here  describes  the  lands.] 

"  Be  it  enacted,  etc.,  That  the  consent  of  this  State  is  hereby  given 
to  the  purchase  of  said  land  from  the  owners  thereof,  whether  indi- 
viduals or  corporation,  by  the  Government  of  the  United  States  of 
America,  or  its  authorized  officers  or  agent,  to  be  occupied  and  used 
as  a  National  Military  Cemetery,  and  for  this  purpose  only.  But  this 
consent  is  given,  subject  to  the  following  terms  and  conditions,  to  wit : 

"  First.  That  this  State  retains  concurrent  jurisdiction  with  the 
United  States  over  the  said  place,  so  that  Courts,  magistrates  and 
officers  of  this  State  may  take  such  cognizance,  execute  such  process 
and  discharge  such  other  legal  functions  within  the  same  as  may  not 
be  incompatible  with  the  consent  hereby  given. 

"  Second.  That  if  the  purposes  of  this  grant  should  cease,  or  there 
should  be  for  five  years  consecutively  a  failure  on  the  part  of  the 
United  States  to  use  said  place  for  said  purpose,  then  the  jurisdiction 
hereby  ceded  shall  cease  and  determine  and  the  same  shall  revert  to 
the  Commonwealth  of  Virginia. 

"  The  said  tract  of  land  and  the  buildings  that  may  be  erected 
thereon  for  the  purposes  aforesaid,  and  any  property  of  the  United 
States  for  said  purposes  on  said  tracts,  are  hereby  exempted  from  all 
taxes  imposed  by  this  State  or  by  the  constituted  authorities  of  the 


VIRGINIA.  395 

County  of  Fairfax  or  the  City  of  Alexandria;  but  this  exemption 
shall  continue  only  so  long  as  the  United  States  shall  be  and  remain 
the  owners  of  said  Military  Cemetery."  (See  Code  of  Va.,  1904, 
sec.  15.) 

See  also  General  Act  of  Cession. 

AQUEDUCT   BRIDGE. 

( Southern  Approach  to.) 

This  reservation  contains  5.2418  acres  and  is  situated  at  the  Vir- 
ginia end  of  the  bridge  connecting  Georgetown  and  Rosslyn.  The 
land  embraced  is  more  particularly  described  as  follows:  Beginning 
at  a  point  100  feet  east  of  the  north-east  corner  of  Canal  Street  and 
Chadwick  avenue  and  running  thence  west  along  the  north  side  of 
Canal  Street  four  hundred  and  eighty  feet,  thence  in  a  northerly 
direction  at  an  angle  of  ninety  degrees  with  Canal  Street  to  the  south 
bank  of  the  Potomac  River,  thence  in  an  easterly  direction  along  the 
south  bank  of  the  Potomac  River  and  abutment  of  the  said  Bridge  to 
the  intersection  on  the  River  bank  of  a  line  drawn  from  the  point  of 
beginning  at  an  angle  of  ninety  degrees  with  the  north  line  of  Canal 
Street  aforesaid  and  from  thence  in  a  straight  line  to  the  place  of 
beginning. 

The  tract  was  acquired  pursuant  to  authority  of  Act  of  Congress, 
approved  June  21,  1886.  The  title  is  as  follows: 

Deed  from  Alexandria  Canal,  Railroad  and  Bridge  Company, 
dated  December  18,  1886,  conveying  above  tract  (including  the 
bridge,  piers,  etc.).  Recorded  in  Liber  G.  No.  4,  folio  436,  of  the 
land  records  of  Alexandria  County  Court. 

Jurisdiction  was  ceded  by  an  act  of  the  State  Legislature,  approved 
March  6,  1886,  which  provided  as  follows: 

"  1.  Be  it  enacted  etc.,  That  the  consent  of  this  state  be  and  is 
hereby  given  to  the  purchase  or  acquisition,  by  gift  or  concession  of 
the  owners,  by  the  government  of  the  United  States,  or  under  the 
authority  of  the  same,  of  land  in  the  county  of  Alexandria,  neces- 
sary for  the  abutment  and  approaches  of  the  proposed  bridge  across 
the  Potomac  river,  anywhere  in  the  county  of  Alexandria,  not  exceed- 
ing ten  acres,  and  the  building  of  such  abutment  and  approaches 
upon  the  land  that  may  be  so  acquired,  and  to  the  exercise  of  such 
jurisdiction  by  the  United  States  over  the  same  as  may  be  necessary. 
But  this  consent  is  given  subject  to  the  following  terms  and  condi- 
tions, to- wit: 

"  First.  That  this  state  retains  concurrent  jurisdiction  with  the 
United  States  over  such  land,  so  that  the  courts,  magistrates,  and 
officers  of  this  state  may  take  such  cognizance,  execute  such  process, 
and  discharge  such  other  legal  functions  within  the  same  as  may  not 
be  incompatible  with  the  consent  hereby  given. 

"  Second.  That  if  the  purpose  of  this  grant  should  cease,  or  there 
should  be,  for  five  years  consecutively  a  failure  on  the  part  of  the 
United  States  to  use  said  land  for  said  purpose,  then  the  jurisdiction 
hereby  ceded  shall  cease  and  determine,  and  the  same  shall  revert  to 
the  commonwealth  of  Virginia. 

"  2.  The  land  acquired,  and  the  abutments  and  approaches  built  for 
the  purposes  aforesaid,  shall  be  exempt  from  taxation  by  the  state, 


396  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

or  by  the  constituted  authorities  of  the  county  of  Alexandria;  but 
this  exemption  shall  continue  only  so  long  as  the  United  States  shall 
continue  to  be  owners  of  the  land  and  the  erections  thereon. 

"  3.  This  act  shall  be  in  force  from  its  passage."  (See  Code  of  Va., 
1904,  sec.  15.) 

Easement:  Act  of  Congress,  approved  July  29,  1903,  provided  for 
the  crossing  of  Aqueduct  Bridge  by  the  Great  Falls  and  Old  Do- 
minion Railroad  Company.  Location  of  right  of  way  approved  by 
the  Secretary  of  War,  July  14,  1904,  and  November  29,  1905. 

Revocable  Licenses:  License,  March  15,  1887,  to  the  Baltimore  and 
Ohio  Telegraph  Company  to  place  poles  upon  the  bridge  and  abut- 
ments. 

License,  December  18,  1895,  to  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  extend  its  track  to  the  south  end  of  the 
bridge. 

License,  January  5,  1897,  to  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  lay  additional  track. 

License,  April  27,  1898,  to  the  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  erect  an  addition  to  the  reception  room 
at  the  south  end  of  the  Aqueduct  Bridge. 

License,  July  9.  1898,  to  the  Postmaster  at  Rosslyn  to  construct  and 
maintain  small  toilet  room  under  platform  of  station  building. 

License,  June  6,  1900,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  to  erect  a  platform  on  east  side  of  station  at  south 
end  of  Aqueduct  Bridge. 

License,  October  12,  1900,  to  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  erect  addition  to  station  building  at 
south  end  of  Aqueduct  Bridge. 

License,  May  1,  1901,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  to  add  to  the  floor  space  of  its  lunch  room  in  sta- 
tion building  at  the  south  end  of  the  Aqueduct  Bridge. 

License,  June  10, 1904,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  to  alter  the  position  of  its  tracks  and  the  form  of 
its  station,  and  to  widen  the  platform  from  the  immediate  approach 
to  the  Aqueduct  Bridge. 

License,  March  18,  1905,  to  the  Western  Union  Telegraph  Company 
to  maintain  existing  telegraph  line. 

License,  December  5, 1905,  to  the  Falls  Church  Telephone  and  Tele- 
graph Company  to  relocate  its  line  of  telegraph  and  telephone  poles. 

License,  January  27,  1906,  to  the  Rosslyn  Connecting  Railroad 
Company  for  3-inch  water  pipe  along  roadway  in  front  of  the  reser- 
vation and  crossing  the  military  road. 

License,  March  19,  1906,  to  the  Washington,  Arlington  and  Falls 
Church  Railway  Company  for  toilet  room  and  water  and  sewer  con- 
nections. 

License,  April  2, 1906,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  to  "maintain  its  tracks,  switches  and  pole  line" 
and  for  "  suspension  pole  " — all  previous  licenses  for  "  poles  or  pole 
lines  "  being  revoked. 

License,  July  16,  1906,  to  Great  Falls  and  Old  Dominion  Railroad 
Company  for  loop  track. 

License,  January  14,  1907,  to  same  company  for  small  building  for 
shelter  of  pitman. 


VIRGINIA.     •  397 

Licenses,  November  10  and  19,  1908,  to  Washington,  Arlington 
and  Falls  Church  Railway  Company  to  alter  the  location  of  tracks, 
switches  and  poles,  to  remove  and  replace  sidewalk,  etc. 

License,  dated  December  2,  1909,  to  Potomac  Electric  Power  Com- 
pany for  pole  line  on  the  Aqueduct  Bridge,  Fort  Myer  military  road. 

License,  dated  December  14,  1909,  to  Rosslyn  Electric  and  Gas 
Company  to  lay  gas  main  on  reservation  at  south  end  of  Aqueduct 
Bridge,  military  road,  and  Fort  Myer  Reservation. 

See  also  Aqueduct  Bridge,  District  of  Columbia,  and  easements  and 
licenses  under  Arlington,  Virginia. 

ARLINGTON. 

This  reservation,  together  with  an  area  between  the  Georgetown 
and  Alexandria  Road  and  the  Potomac  River,  about  330  acres,  juris- 
diction as  to  which  is  in  the  Department  of  Agriculture  (act  of 
April  18,  1900,  as  amended  June  3,  1902,  32  Stats.  L.,  293),  con- 
tains, according  to  survey,  about  1,046  acres,  with  metes  and  bounds 
as  given  in  G.  O.  No.  27,  W.  D.,  February  10,  1909.  It  is  situated  on 
the  West  bank  of  the  Potomac  River,  opposite  Washington,  D.  C. 
The  following  is  inserted  here  as  containing  a  full  statement  of  the 
title,  etc. : 

This  tract  of  land,  improved  by  sundry  buildings,  etc.,  the  legal 
title  to  which,  under  the  will  of  George  W.  Parke  Custis,  who  died 
in  1857,  was  in  Mrs.  Mary  Ann  Randolph  Lee,  the  wife  of  Gen. 
Robert  E.  Lee,  for  life,  with  remainder  over  to  George  Washington 
Custis  Lee  in  fee  conditional,  was  taken  possession  of  by  the  United 
States  in  the  Spring  of  1861  as  within  their  military  lines  and  the 
immediate  scene  of  important  military  operations  against  an  enemy 
then  in  arms  against  the  Government,  and  so  continued  in  possession 
for  such  purposes  after  the  course  of  events  had  carried  military  occu- 
pation and  operations  elsewhere,  as  a  defensible  position  for  fortifica- 
tions to  command  the  capital.  Subsequently,  under  a  certain  direct- 
tax  act  of  June  7,  1862,  and  February  6,  1863,  a  tax  was  assessed 
against  the  property,  and,  in  default  of  payment,  the  usual  sale  was 
had,  when  the  United  States,  pursuant  to  authority  of  law,  bid  in 
the  property  at  the  tax  sale  "  for  Government  use  for  war,  military, 
charitable,  and  educational  purposes,"  and  under  this  title  continued 
in  possession  until  1883.  During  this  period  a  considerable  part  of 
the  property  was  devoted  to  a  cemetery  for  deceased  soldiers  of  the 
United  States,  under  the  style  of  the  Arlington  National  Cemetery; 
another  considerable  part  for  the  erection  of  a  fort  and  the  works 
connected  therewith,  under  the  -name  of  Fort  Whipple,  subsequently 
changed  to  Fort  Myer;  and  a  third  and  smaller  part  for  the  occupa- 
tion of  homeless  and  destitute  freedmen  and  colored  refugees. 

After  the  close  of  the  war,  Mrs.  Lee  having  deceased,  the  remain- 
der-man, George  W.  P.  C.  Lee,  claiming  that  the  tax  sale  was  defect- 
ive, brought  an  action  of  ejectment  in  the  Circuit  Court  for  the 
County  of  Alexandria,  Va.,  which  was  removed  by  a  writ  of  certiorari 
into  the  Circuit  Court  of  the  United  States,  where  it  was  heard  and 
determined  in  favor  of  the  claimant.  From  this  decision  the  case  was 
taken  to  the  Supreme  Court  on  writs  of  error,  and  the  latter  court,  at 
its  October  term,  1882,  affirmed  the  judgment  in  favor  of  Mr.  Lee,  on 
the  ground  that  the  tax  certificate  and  sale  did  not  divest  the  plaintiff 


398  UNITED   STATES   MILITAKY   RESERVATION S,   ETC. 

of  his  title  to  the  property.  (See  U.  S.  v.  Lee;  Kaufman  v.  Lee,  16 
Otto,  196.)  Under  this  new  condition  of  affairs,  involving  a  possible 
removal  of  thousands  of  bodies  from  the  cemetery,  the  dismantling  of 
a  fort,  and  the  dispossession  of  many  colored  people  whom  the  United 
States  had  permitted  to  reside  on  a  part  of  the  tract,  and  in  order  to 
secure  a  complete  title  to  the  property,  the  United  States,  under 
authority  of  an  act  approved  March  3,  1883,  accepted  an  offer  of  Mr. 
Lee  to  convey  the  same,  with  covenant  of  general  warranty  against 
every  manner  of  claim  against  or  in  respect  of  said  property,  in  rem 
or  in  personam,  and  also  against  all  and  every  claim  for  damages  on 
account  of  the  use  or  occupation  of  said  property,  for  the  sum  of 
$150,000. 

Accordingly,  on  the  31st  of  March,  1883,  for  and  in  consideration 
of  $125,000  in  hand  paid  ($25,000  being  retained  until  jurisdiction 
should  be  ceded  by  the  State  of  Virginia,  with  perpetual  exemption 
from  taxation) ,  the  estate  all  and  singular  was  conveyed  to  the  United 
States  by  deed  in  fee  simple  by  George  W.  P.  C.  Lee  for  himself,  his 
heirs,  and  assigns  forever  (Deed  recorded  in  Book  F  4,  records  Alex- 
andria County,  Va.,  p.  257,  May  14,  1883)  ;  and  on  the  25th  of  March, 
1884,  the  general  assembly  of  the  State  of  Virginia  having,  by  act 
approved  February  23,  1884,  ceded  its  jurisdiction  over  the  said  land 
and  exempted  the  same  from  taxation,  the  final  payment  of  $25,000 
was  made,  and  the  Arlington  Estate  became  the  property  of  the 
United  States. 

By  order  of  the  Secretary  of  War,  dated  January  11,  1897,  the 
limits  of  the  National  Military  Cemetery  within  the  foregoing-de- 
scribed estate  were  defined  and  the  area  fixed  at  408^V  acres. 

By  order  of  the  Secretary  of  War,  dated  February  8,  1889,  the 
limits  of  the  post  of  Fort  Myer  within  the  aforesaid-described  estate 
were  defined  and  the  area  fixed  at  186  acres,  and  the  remainder  of  the 
estate  placed  in  charge  of  the  Quartermaster's  Department. 

The  jurisdiction  ceded  to  the  United  States  by  the  Act  of  the  State 
Legislature,  heretofore  referred  to,  is  as  follows : 

"Whereas,  Robert  T.  Lincoln,  Secretary  of  War  of  the  United 
States,  has  made  application  to  this  General  Assembly,  for  its  consent 
to  the  purchase  by  the  authorities  of  the  United  States  of  a  tract  of 
land,  described  as  follows:  All  that  certain  tract  or  body  of  land, 
situate  in  Alexandria  County  (formerly  in  Fairfax  County),  in  the 
State  of  Virginia,  commonly  known  as  the  Arlington  House  estate, 
containing  eleven  hundred  acres,  be  the  same  ever  so  much  more  or 
less,  being  the  identical  tract  or  body  of  land,  which  was  conveyed  by 
Gerard  Alexander  and  wife,  to  John  Park  Custis,  by  deed  bearing 
date,  December  twenty-fifth,  A.  D.  one  thousand  seven  hundred  and 
seventy-eight,  and  of  him  the  said  John  Park  Custis,  inherited  by 
George  W.  P.  Custis,  who  devised  the  same  to  George  W.  C.  Lee,  and 
by  him,  the  said  George  W.  C.  Lee,  conveyed  to  the  United  States,  by 
deed  bearing  date  the  thirty-first  day  of  March,  eighteen  hundred 
and  eighty-three,  recorded  in  Liber  F,  number  four,  folio  two  hun- 
dred and  fifty-seven,  one  of  the  land  records  of  Alexandria  County, 
Virginia ;  and  whereas,  the  United  States  authorities  held  possession 
of  said  real  estate,  claiming  absolute  ownership  thereof  from  January 
eleventh,  eighteen  hundred  and  sixty-four,  until  March  thirty-first, 
eighteen  hundred  and  eighty-three,  and  used  the  same  as  a  national 
cemetery  for  the  burial  of  deceased  soldiers  and  sailors,  and  for  other 


VIRGINIA.  399 

public  purposes,  during  which  period  no  taxes,  or  county  or  township 
levies  were  either  demanded  or  paid  thereon,  and  for  which  a  claim 
has  been  recently  asserted ;  therefore, 

"  1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the 
consent  of  this  state  is  hereby  given  to  the  purchase  of  said  tract  of 
land  by  the  Government  of  the  United  States  of  America,  but  this 
consent  is  given  subject  to  the  following  terms  and  conditions,  to  wit: 
That  this  State  retains  concurrent  jurisdiction  with  the  United  States 
over  the  said  tract  of  land,  so  that  courts,  magistrates  and  officers  of 
this  state  may  take  such  cognizance,  execute  such  process,  and  dis- 
charge such  other  legal  functions  within  the  same  as  may  not  be  in- 
compatible with  the  consent  hereby  given. 

"  2.  That  said  tract  of  land  and  the  buildings  now  or  that  may 
hereafter  be  erected  thereon,  and  any  property  of  the  United  States, 
on  said  tract,  are  hereby  exempted  from  all  taxes  imposed  by  this 
state,  or  by  the  constituted  authorities  of  Alexandria  County,  and 
this  exemption  shall  be  in  force  from  the  date  of  said  purchase  by  the 
United  States,  March  thirty-first,  eighteen  hundred  and  eighty-three, 
and  shall  continue  only  so  long  as  the  United  States  shall  be  and 
remain  the  owner  of  said  tract  of  land;  and  all  taxes,  and  county, 
township  and  district  levies,  due  or  claimed  to  be  due,  for,  against  or 
upon  said  real  estate  since  the  same  went  into  possession  of  and  has 
been  held  and  used  by  the  United  States  authorities,  as  aforesaid,  are 
hereby  released  and  discharged."  (See  Code  of  Va.,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

Easements:  Act  of  Congress  approved  February  28,  1891,  granted 
a  right  of  way  through  the  reservation  to  the  Washington  and  Arling- 
ton Railway  Company.  Location  approved  by  the  Secretary  of  AVar, 
December  12,  1891. 

Act  of  Congress  approved  March  3,  1893,  granted  a  right  of  way 
66  feet  wide  through  the  reservation  to  the  Washington  Southern 
Railway  Company.  Location  approved  by  the  Secretary  of  War, 
June  1,  1893. 

Act  of  Congress  approved  December  8,  1894,  granted  a  right  of  way 
50  feet  in  width  through  the  reservation  to  the  Washington,  Alexan- 
dria and  Mt.  Vernon  Railway  Company. 

Revocable  -Licenses:  License,  February  27,  1889,  to  the  Board  of 
Supervisors  of  Alexandria  County  to  open  and  maintain  a  road  forty 
feet  wide  upon  the  reservation. 

License,  September  5,  1894,  to  the  Washington,  Arlington  and 
Falls  Church  Railway  Company,  owner  of  railway  constructed  by 
Washington  and  Arlington  Railway  Company,  to  construct  line  of 
double  track  on  the  reservation  and  to  erect  passenger  shed  at  its 
terminus  and  a  platform  and  shed  near  Fort  Myer  reservoir. 

License,  April  20,  1895,  to  the  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  construct,  operate  and  maintain  its 
line  of  railway  across  the  northwest  corner  of  the  reservation. 

License,  April  26,  1898,  to  the  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  extend  its  line  of  tracks  across  the  Fort 
Myer  reservation.  Change  in  location  authorized,  May  2,  1908,  to 
make  room  for  post  buildings. 

License,  November  26,  1898,  to  the  Washington,  Arlington  and 
Falls  Church  Railway  Company  to  connect  with  government  water 


400  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

main  and  drain  pipe  at  the  station  building  near  Arlington  Ceme- 
tery gate. 

License,  May  4,  1899,  to  the  Home  Telephone  Company  to  place 
poles  along  western  boundary  of  the  reservation. 

License,  February  27,  1901,  to  Washington,  Arlington  and  Falls 
Church  Railway  Company  to  construct  and  maintain  small  shelter 
station  on  the  reservation. 

License,  July  31,  1902,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  to  change  the  location  of  its  tracks  on  the  reserva- 
tion. 

License,  February  19,  1904,  to  the  Falls  Church  Telephone  and 
Telegraph  Company  to  erect  and  maintain  not  exceeding  ten  poles 
on  the  reservation. 

License,  April  25, 1906,  to  Washington,  Arlington  and  Falls  Church 
Railway  Company  for  extension  of  tracks  to  connect  with  line  of 
Washington,  Alexandria  and  Mount  Vernon  Railway. 

License,  February  11,  1909,  to  The  Falls  Church  Telegraph  and 
Telephone  Co.  for  wires  on  trolley  poles  of  the  Washington,  Arling- 
ton and  Falls  Church  Railway  Company. 

License,  February  27,  1909,  to  Washington,  Arlington,  and  Falls 
Church  Railway  Company  for  double-track  electric  railway  with  loop. 

License,  May  22,  1909,  to  The  Falls  Church  Telegraph  and  Tele- 
phone Co.  for  telephone  line  along  west  line  of  public  road  on  west 
side  of  Fort  Myer. 

For  further  privileges  see  Aqueduct  Bridge,  Virginia. 

ARLINGTON    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  four  hundred  and  eight  and 
one-thirtieth  acres,  being  a  portion  of  the  Arlington  Estate. 
See  Arlington  for  situation,  title  and  jurisdiction. 

BALLS   BLUFF    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  2,500  square  feet  of  land,  situ- 
ated about  2  miles  from  Leesburg,  in  Loudoun  County,  which  was 
taken  possession  of  and  enclosed  by  the  United  States  Government 
in  1865.  Quit-claim  deeds  were  obtained  in  1904  from  a  majority  of 
the  heirs  of  the  late  Governor  Swann,  of  Maryland,  the  former  owner 
of  the  tract. 

Deed  from  Rachel  A.  Paxton,  dated  March  7,  1907,  to  right  of  way 
for  roadway.  Deed  recorded  "  8— E— 113." 

For  jurisdiction  see  General  Act  of  Cession. 

BELLONA    ARSENAL. 

This  reservation  contains  an  area  of  27.50  acres  of  land,  and  is 
situated  on  the  South  side  of  the  James  River  in  Chesterfield  County. 
The  title  is  as  follows: 

Deed  from  William  Trabue  and  wife  and  Mary  Reddy,  dated  Sep- 
tember 21,  1815,  conveying  the  above-described  27.50  acres.  Re- 
corded October  9,  1815,  in  the  Clerk's  Office  of  Chesterfield  County. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  passed  February  22,  1845,  which  provides  as  follows : 

"  1.  Be  it  enacted,  etc.,  That  the  assent  of  this  state  is  hereby  given 
to  the  purchase  which  was  made  by  the  United  States  of  a  piece  of 


VIRGINIA.  401 

land  containing  27.50  acres  situate  in  Chesterfield  County  and  known 
as  the  site  of  the  Bellona  Arsenal,  according  to  the  boundaries  thereof 
described  in  the  deed  of  purchase  from  William  Trabue  and  wife  and 
Mary  Reddy,  bearing  date  twenty-first  day  of  September,  Anno 
Domini  eighteen  hundred  and  fifteen,  which  description  is  as  fol- 
lows: [Here  describes  tract.]  Provided  always,  And  the  assent  afore- 
said is  granted  upon  the  express  condition  that  this  state  shall  retain 
a  concurrent  jurisdiction  with  the  United  States  in  and  over  the  tract 
of  land  aforesaid,  so  far  as  that  all  civil  and  such  criminal  processes 
as  may  issue  under  the  authority  of  this  state  against  any  person  or 
persons  charged  with  crimes  committed  without  the  bounds  of  said 
tract  may  be  executed  therein  in  the  same  way  and  manner  as  though 
this  assent  had  not  been  granted."  (See  Code  of  Va.,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

CITY   POINT   NATIONAL   CEMETERY. 

This  reservation  contains  an  area  of  7.49  acres,  and  is  situated  on 
the  south  bank  of  the  Appomattox  River  at  City  Point,  in  Prince 
George  County.  The  title  is  as  follows : 

1.  Decree  of  condemnation  for  7.34  acres  and  0.85  acre  in  roadway, 
in   cause    wherein    Edward    Comer   was   plaintiff   and   the   United 
States  defendant,  in  the  District  Court  of  the  United  States  for  the 
District  of  Virginia.    Rendered  January  16,  1868,  and  filed  with  the 
record  in  said  cause  in  the  Clerk's  Office  of  said  Court  at  Richmond. 

2.  Deed  from  Edward  Comer,  dated  January  23,  1868,  conveying 
the  lands  embraced  in  Decree  of  Condemnation  marked  No.  1,  supra. 
Recorded  in  the  Clerk's  Office  of  Prince  George  County. 

3.  Deed  from  Charles  Comer,  dated  December  21,  1872,  conveying 
a  strip  of  land  to  build  wall  around  cemetery.    Deed  recorded  in  Vol. 
29,  page  575,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

COLD   HARBOR   NATIONAL   CEMETERY. 

This  reservation  contains  an  area  of  1.75  acres,  and  is  situated  at 
Cold  Harbor,  about  9  miles  northeast  from  Richmond,  in  Hanover 
County.  The  title  is  as  follows: 

1.  Decree  of  Condemnation  for  above  property  in  Cause  No.  4,  In 
the  matter  of  the  petition  of  E.  S.  Talley,  Guardian  of  Indiana  H. 
Slaughter,  in  the  United  States  District  Court,  District  of  Virginia. 
Rendered  June  22, 1870,  and  filed  with  the  record  in  said  cause  in  the 
Clerk's  Office  of  said  Court. 

2.  Deed  from  E.  S.  Talley,  Special  Commissioner,  etc.,  dated  April 
21,  1869,  conveying  land  in  accordance  with  above  decree.    Recorded 
in  Book  No.  4,  page  514,  of  the  deed  records  of  Hanover  County. 

3.  Deed  from  Miles  Garthwright,  et  al.,  dated  October  8,  1871,  con- 
veying a  strip  of  land  around  cemetery  for  a  wall.    Recorded  Decem- 
ber 30,  1872,  in  same  records. 

Jurisdiction  was  ceded  to  the  United  States  over  that  strip  of  land 
described  in  a  deed  from  Miles  Garthwright  et  al.,  marked  No.  3, 
supra,  by  an  act  of  the  State  Legislature,  approved  March  7,  1873. 

16809—10 26 


402  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

The  entire  act,  as  it  relates  also  to  another  Cemetery,  is  set  out  in  full 
as  follows: 

"Whereas  it  is  represented  by  Theo.  J.  Eckerson,  Captain  and 
Assistant  Quartermaster,  that  he  is  instructed  by  the  Quartermaster- 
General  of  the  United  States  Army  to  apply  to  this  general  assembly 
for  its  consent  to  the  purchase  by  the  authorities  of  the  United  States 
of  two  tracts  of  land,  now  occupied  as  Military  Cemeteries,  and  that 
according  to  his  description  of  said  tracts  of  land,  they  are  laid  down 
and  bounded  as  follows : 

"  First.  A  certain  lot  or  parcel  of  land  situate,  lying,  and  being  in 
the  County  of  Henrico  and  State  of  Virginia,  containing  One  and 
forty-four  one-thousandth  acres,  and  being  the  tract  conveyed  to  the 
United  States  by  Mattie  E.  Cox  and  Francis  E.  Cox,  by  deed  dated 
May  fourteenth,  eighteen  hundred  and  seventy-two,  and  bounded  as 
follows,  to  wit :  On  the  north  by  land  formerly  owned  by  Alpheus  W. 
Childrey  and  conveyed  by  him  to  the  United  States  for  a  national 
cemetery;  on  the  east  by  the  Varina  road;  on  the  south  by  property 
belonging  to  the  said  Mattie  E.  and  Francis  E.  Cox,  and  on  the  west 
by  land  belonging  to  the  said  Mattie  E.  and  Francis  E.  Cox  and 
Alpheus  W.  Childrey. 

"  Second.  A  certain  lot  or  parcel  of  land  lying  and  being  in  the 
township  of  Henry,  County  of  Hanover  and  State  of  Virginia,  con- 
taining three-fourths  of  an  acre,  more  or  less,  and  being  the  tract 
conveyed  to  the  United  States  by  Miles  Garthwright  and  Margaret, 
his  wife,  and  Gustavus  Lange,  by  deed  dated  the  seventh  day  of 
October,  eighteen  hundred  and  seventy-one,  and  being  a  strip  of  land 
five  feet  wide,  immediately  adjoining  and  extending  around  three 
sides  of  the  Cold  Harbor  National  Cemetery,  to  \vit,  the  north,  east 
and  we^t  sides  of  said  Cemetery :  Therefore, 

"  1.  Be  it  enacted  l>y  the  General  Assembly  of  Virginia,  That  the 
consent  of  this  State  is  hereby  given  to  the  purchase  of  said  lands  by 
the  Government  of  the  United  States  of  America,  to  be  occupied  and 
used  as  a  national  cemetery,  and  for  this  purpose  only.  But  this  con- 
sent is  given  subject  to  the  following  terms  and  conditions,  to  wit : 

"  First.  That  this  State  retains  concurrent  jurisdiction  with  the 
United  States  over  the  said  tracts  of  land,  so  that  courts,  magistrates, 
and  officers  of  this  State  may  take  such  cognizance,  execute  such 
process,  and  discharge  such  other  legal  functions  within  the*  same  as 
may  not  be  incompatible  with  the  consent  hereby  given. 

"  Second.  That  if  the  purposes  of  these  grants  should  cease,  or 
there  should  be,  for  five  years  consecutively,  a  failure  on  the  part  of 
the  United  States  to  use  said  places,  or  either  of  them,  for  said  pur- 
pose, then  the  jurisdiction  hereby  ceded  shall  cease  and  determine  as 
to  the  place  so  failing  to  be  used,  and  the  same  shall  revert  to  the 
Commonwealth  of  Virginia.  The  said  tracts  of  land,  and  the  build- 
ings that  may  be  erected  thereon,  for  the  purpose  aforesaid,  and  any 
property  of  the  United  States  for  said  purposes  on  said  tracts,  are 
hereby  exempted  from  all  taxes  imposed  by  this  State,  or  by  the 
constituted  authorities  of  the  Counties  of  Henrico  or  Hanover,  but 
this  exemption  shall  continue  only  so  long  as  the  United  States  shall 
be  and  remain  the  owner  of  said  military  cemeteries."  (See  Code  of 
Va.,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 


VIRGINIA.  403 

CRANEY    ISLAND. 

This  reservation  containing  32.5  acres,  includes  the  whole  Island, 
except  as  hereinafter  noted.  It  is  situated  near  Norfolk,  in  Norfolk 
County,  and  bounded  by  the  waters  of  Elizabeth  River,  Craney 
Island  Creek,  Thoroughfare  Creek,  and  James  River.  The  title  is 
as  follows: 

Deed  from  George  D.  Wise,  et  al.,  dated  May  5,  1817,  conveying 
the  entire  Island.  Recorded  August  11,  1817,"  in  the  Norfolk  County 
Court  Clerk's  Office. 

By  order  of  the  Secretary  of  War,  dated  October  12,  1874,  the 
Northwestern  third  was  transferred  to  the  Navy  Department  for 
erection  of  a  magazine,  with  privilege  to  construct  a  landing  at  the 
southeastern  end  of  the  Island,  and  right  of  way  over  the  Island  to 
the  magazine  at  the  northwestern  end. 

On  June  2,  1899,  the  island  was  transferred  by  the  Navy  Depart- 
ment to  the  Marine-Hospital  Service  for  quarantine  purposes,  with 
the  understanding  that  the  State  and  county  authorities  shall  be 
allowed  under  the  supervision  of  the  Marine-Hospital  Service  to 
there  isolate  contagious  and  infectious  diseases. 

For  jurisdiction  see  General  Act  of  Cession. 

CULPEPER    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  6  acres,  and  is  situated  at  Cul- 
peper,  in  Culpeper  County.  The  title  is  as  follows : 

1.  Decree  of  condemnation  for  G  acres  of  land  in  the  matter  of 
Edward  B.  Hill  y.  United  States,  in  the  United  States  District  Court 
for  the  District  of  Virginia.     Rendered  April  27,  1867,  and  filed  with 
the  record  in  said  cause  in  the  Clerk's  Office  of  said  Court. 

2.  Deed  from  John  M.  Leavell  and  wife  and  William  T.  Leavell, 
Trustees,  etc.,  dated  October  3,  1890,  conveying  2,830  square  feet  of 
land  for  right  of  way  and  approach  to  Cemetery.     Recorded  in  Book 
24,  page  129,  of  the  deed  records  of  Culpeper  County. 

3.  Deed  from  Carter  A.  Saunders  and  wrife,  dated  November  11, 
1890,  conveying  16,260  square  feet  of  land  for  roadway  and  approach 
to  cemetery.     Recorded  in  Book  24,  page  130,  of  same  records. 

4.  Deed  from  the  Board  of  Trustees  of  the  Catalpa  School  District, 
dated  November  20,  1890,  conveying  5,660  square  feet  of  land  for 
right  of  way  and  approach  to  cemetery.     Recorded  in  Book  24,  page 
128,  of  same  records. 

For  jurisdiction  see  General  Act  of  Cession. 

DANVILLE    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  3.50  acres,  and  is  situated  at 
Danville,  in  Pittsylvania  County.  The  title  is  as  follows: 

1.  Deed  from  the  Town  of  Danville,  dated  July  19,  1873,  conveying 
about  2.7  acres.     Recorded  July  19,  1873,  in  the  record  of  deeds  at 
Danville.     The  foregoing  deed  was  authorized  by  the  Common  Coun- 
cil of  Danville,  May  6,  1873,  as  per  minutes  or  proceedings  of  said 
Council  of  said  date  in  the  Clerk's  Office. 

2.  Deed  from  Thomas  D.  Stokes,  Executor,  etc.,  dated  July  19, 
1873,  conveying  four-fifths  of  an  acre  of  land.     Recorded  July  19, 
1873,  in  same  records. 


404  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  April  22,  1874,  which  act  is  as  follows : 

"Whereas  it  is  represented  by  Theo.  J.  Eckerson,  Captain  and 
Assistant  Quartermaster,  that  he  is  instructed  by  the  Quartermaster- 
General  of  the  United  States  to  apply  to  this  general  assembly  to 
relinquish  its  jurisdiction  over  the  parcels  of  land  constituting  the 
national  cemeteries  at  Glendale,  in  the  County  of  Henrico,  and  at  the 
town  of  Danville,  the  United  States  having  purchased  the  same ;  and 
according  to  his  description  of  said  tracts  of  land,  they  are  laid  out 
and  bounded  as  follows: 

"  First.  That  certain  piece  or  parcel  of  land  deeded  to  the  United 
States  September  fifteenth,  eighteen  hundred  and  seventy-three,  by 
R.  Heber  Nelson,  Sally  B.  Nelson,  Ethelinde  Nelson,  and  Luciel  Nel- 
son, for  national  cemeteries,  situated  in  the  township  of  Varina,  in  the 
County  of  Henrico,  bounded  and  described  as  beginning  at  a  point 
three  feet  south  of  the  westerly  prolongation  of  the  present  southerly 
boundary  line  of  the  Glendale  National  Cemetery,  and  three  feet  west 
of  the  southerly  prolongation  of  the  present  westerly  boundary  line  of 
said  cemetery,  running  thence  south  eighty  degrees  east,  and  on  a  line 
parallel  with  the  present  southerly  line  of  said  cemetery  and  three 
feet  therefrom,  three  hundred  and  six  feet  and  three  inches;  thence 
north  eleven  degrees  east,  parallel  with  the  present  easterly  boundary 
line  of  said  cemetery  and  three  feet  distant  therefrom,  two  hundred 
and  eighty- four  feet  and  six  inches;  thence  north  seventy-nine  de- 
grees west,  parallel  with  the  present  northerly  boundary  line  of  said 
cemetery  and  three  feet  therefrom,  three  hundred  and  four  feet  and 
one  inch;  thence  southerly  three  feet,  and  parallel  with  the  north- 
erly prolongation  of  the  present  westerly  boundary  line  of  said  ceme- 
tery and  three  feet  therefrom ;  thence  easterly  three  feet  to  the  pres- 
ent northwesterly  corner  of  said  cemetery,  and  continuing  easterly 
therefrom  on  the  present  northerly  boundary  line  of  said  cemetery  to 
the  present  northeasterly  corner  thereof;  thence  southerly  on  the 
present  easterly  boundary  line  of  said  cemetery  to  the  southeasterly 
corner  thereof;  thence  westerly  and  on  the  present  southerly  bound- 
ary line  of  said  cemetery  to  a  point  three  feet  beyond  and  west  of  the 
present  westerly  boundary  line  thereof ;  thence  southerly  three  feet  to 
the  place  of  beginning. 

"  Second.  All  that  certain  lot  or  parcel  of  land  situated  in  the  town 
of  Danville,  and  deeded  to  the  United  States  July  nineteenth,  eighteen 
hundred  and  seventy-three,  by  Thomas  D.  Stokes,  Executor  of  N.  T. 
Green,  deceased,  for  a  national  cemetery,  bounded  and  described  as 
beginning  at  a  stone  at  corner  of  Lee  street  and  the  road  leading  to 
the  freedman's  cemetery;  thence  south,  twelve  degrees  thirty  minutes 
east,  two  hundred  and  seventy-five  feet  to  a  rock ;  thence  south  sev- 
enty-six degrees  west,  seventy-three  feet  to  a  stone;  thence  north, 
thirty-five  degrees  west,  two  hundred  and  eighty-five  feet  to  a  stone 
on  Lee  street ;  thence  north,  seventy-six  degrees  east,  along  the  line  of 
Lee  street,  one  hundred  and  eighty  feet  to  the  beginning. 

"  Third.  All  that  certain  lot  or  parcel  of  land  situated  in  said 
town  of  Danville,  and  deeded  to  the  United  States  July  nineteenth, 
eighteen  hundred  and  seventy-three,  for  a  national  cemetery,  by  the 
town  of  Danville,  acting  by  George  C.  Ayres,  president  of  the  coun- 
cil of  said  town,  bounded  and  described  as  beginning  on  Lee  street 
at  the  northeast  corner  of  Greenhill  cemetery ;  thence  north  seventy- 


VIRGINIA.  405 

six  degrees  east,  along  said  street  four  hundred  and  twenty-nine  feet 
to  a  stone;  thence  south,  thirty-five  degrees  east,  two  hundred  and 
eighty-five  feet  to  a  stone;  thence  south,  seventy-six  degrees  west, 
four  hundred  and  twenty-nine  feet  to  a  stone  in  boundary  line  of 
Greenhill  cemetery  aforesaid ;  thence  north,  thirty-five  degrees  west, 
two  hundred  and  eighty-five  feet  to  the  beginning :  therefore, 

"  1.  Be  it  enacted  by  the  General  Assembly,  That  the  consent  of 
this  State  is  hereby  given  to  the  purchase  of  said  lands  by  the  Gov- 
ernment of  the  United  States  of  America,  each  to  be  occupied  and 
used  as  a  national  military  cemetery,  and  for  this  purpose  only.  But 
this  consent  is  given  subject  to  the  following  terms  and  conditions, 
to  wit : 

"  First.  That  this  State  retains  concurrent  jurisdiction  with  the 
United  States  over  the  said  tracts  of  land,  so  that  courts,  magis- 
trates and  officers  of  this  State  may  take  such  cognizance,  execute 
such  process,  and  discharge  such  other  legal  functions  within  the 
same  as  may  not  be  incompatible  with  the  consent  hereby  given. 

"  Second/  That  if  the  purposes  of  these  grants  should  cease,  or 
there  should  be  for  five  years  consecutively  a  failure  on  the  part  of 
the  United  States  to  use  said  places,  or  either  of  them,  for  said  pur- 
poses, then  the  jurisdiction  hereby  ceded  shall  cease  and  determine  as 
to  the  place  so  failing  to  be  used,  and  the  same  shall  revert  to  the 
Commonwealth  of  Virginia. 

"  2.  The  act  shall  take  effect  from  its  passage."  (See  Code  of  Va., 
1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

FERRY     POINT. 

This  reservation  contains  an  area  of  136  square  poles  and  50  links 
of  land  and  is  situated  on  a  point  called  Ferry  Point,  on  the  Eliz- 
abeth River,  in  Norfolk  County.  The  title  is  as  follows : 

Deed  from  William  Thompson  and  wife,  dated  September  1,  1808, 
conveving  the  above  property.  Recorded  in  Record  Book  of  Deeds, 
page  173,  October  17,  1808,  in  Norfolk,  County  of  Norfolk. 

For  jurisdiction  see  General  Act  of  Cession. 

FREDERICKSBURG    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  12.005  acres  and  is  situated  at 
Fredericksburg,  in  Spottsylvania  County.  The  title  is  as  follows: 

Deed  from  Douglas  H.  Gordon  and  wife,  dated  November  5,  1868, 
conveying  the  above  tract.  Recorded  in  the  Clerk's  Office  of  the 
Corporation  Court  of  Fredericksburg  April  21,  1869. 

No  cession  of  jurisdiction  over  cemetery. 

In  anticipation  of  the  United  States  government  acquiring  a  right 
of  way  from  the  City  of  Fredericksburg,  the  State  Legislature  gives 
consent  and  cedes  jurisdiction  by  the  following  act,  approved  March 
3,  1884,  which  provides  as  follows: 

"  Whereas  it  is  represented  to  the  general  assembly  that  a  bill  is 
now  pending  in  the  Congress  of  the  United  States,  authorizing  the 
latter  to  open,  occupy,  and  improve  and  maintain  a  suitable  and  con- 
venient road  from  the  City  of  Fredericksburg  to  the  National  Cem- 
etery near  said  City : 

"  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  State  be  and  is 
hereby  given  to  the  purchase  by  the  United  States  of  such  real  estate 


406 

in  said  City  and  County  as  may  be  necessary  and  convenient  for  said 
purposes,  and  to  the  occupation,  improvement  and  use  by  the  United 
States  of  any  existing  streets  in  said  town,  or  public  roads  in  said 
County,  as  may  be  needful  and  suitable  for  said  purpose ;  and  when 
the  said  real  estate  shall  have  been  purchased  and  the  said  streets  or 
roads  shall  have  been  so  occupied,  used  and  improved  for  said  pur- 
pose, jurisdiction  is  hereby  ceded  to  the  Government  of  the  United 
States,  so  that  Congress  and  the  lawful  authorities  of  the  federal  gov- 
ernment shall  have  all  lawful  power  and  control  over  the  same :  pro- 
vided, however,  that  the  consent  herein  given  shall  not  extend  to  the 
purchase  or  acquisition  of  more  than  ten  acres  of  land  for  said  pur- 
pose: and  provided  further,  that  the  State  retain  concurrent  jurisdic- 
tion over  said  real  estate  and  said  improved  road  to  said  cemetery  in 
all  matters  relating  to  the  violation  of  the  laws  of  this  State,  and 
of  the  ordinances  of  said  city,  to  the  execution  and  service  of  all  proc- 
esses issued  by  or  from  the  courts  of  the  State  and  its  magistrates 
or  other  officers,  in  pursuance  of  law,  and  in  all  other  matters  not 
incompatible  with  the  consent  herein  given,  and  the  rightful  author- 
ity of  the  United  States  thereby  acquired  and  to  be  acquired  under 
this  act. 

"2.  The  said  real  estate  and  said  improved  road  are  hereby  ex- 
empted from  all  taxes  imposed  or  to  be  imposed  by  this  State  and 
constituted  authorities  of  said  city  and  county,  so  long  as  the  same 
shall  be  held,  maintained  and  used  by  the  federal  government  for 
the  purposes  hereinbefore  mentioned,  and  no  longer."  (See  Virginia 
Code,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

Licenses,  November  4,  1907,  to  The  Spotsylvania  Telephone  Co., 
and  November  7,  1907,  to  The  Orange  Telephone  Co.,  for  mainte- 
nance of  telephone  poles  on  government  road. 

GLENDALE  NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  2.12  acres  and  is  situated  at 
Glendale,  in  Henrico  County.  The  title  is  as  follows: 

1.  Deed  from  Lucy  C.  Nelson  et  al.,  dated  June  16,  1869,  conveying 
1.8834  acres  of  land.     Eecorded  in  Deed  Book  86,  page  236,  of  the 
deed  records  in  the  Clerk's  Office  of  the  Henrico  County  Court. 

2.  Deed  from  R.  Heber  Nelson  et  al.,  dated  September  15,  1873, 
conveying  a  tract  by  metes  and  bound.    Recorded  in  Deed  Book  92, 
page  360,  of  same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  April  22,  1874,  for  which  see  act  set  out  under 
title  "  Danville  National  Cemetery." 

See  also  General  Act  of  Cession. 

HAMPTON   NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  19.611  acres  and  is  situated 
at  Hampton,  in  Elizabeth  City  County.  The  title  is  as  follows : 

1.  Deed  from  George  Whipple  and  wife,  dated  October  21,  1868, 
conveying  4,749  acres.    Recorded  in  the  Clerk's  Office  of  the  County 
Court  of  Elizabeth  City  County  August  11,  1869. 

2.  Decree  of  Condemnation  for  6.862  acres  of  land  in  a  certain 
cause  wherein  the  United  States  was  plaintiff  and  William  E.  Woods 


VIRGINIA.  407 

defendant,  in  the  District  Court  of  the  United  States  for  the  District 
of  Virginia.  Rendered  March  23,  1870,  and  filed  with  the  record  in 
said  cause  in  the  Clerk's  Office  of  said  District  Court. 

3.  Deed  from  James  A.  Watkins  and  wife,  dated  July  25,  1891, 
conveying  2.93  acres.     Recorded  March  23,  1892,  in  said  County  rec- 
ords. 

4.  Deed  from  The  Trustees  of  the  Hampton  Normal  and  Agricul- 
tural Institute,  dated  July  25,  1891,  conveying  5.07  acres.     Recorded 
March  23,  1892,  in  said  County  records.     The  United  States  already 
owned  the  right  of  way  over  the  road  to  the  cemetery,  the  Hampton, 
etc.,  Institute  holding  subject  to  the  right  of  way  of  the  United 
States,  therefore  action  by  the  board  of  supervisors  of  the  County 
was  unnecessary,   although  provided   for  by  an   Act  of  the   State 
Legislature  approved  February  21,  1894.     This  act,  however,  cedes 
jurisdiction  over  said  roadway  as  follows: 

"  The  jurisdiction  over  the  said  roadway  is  hereby  ceded  to  the 
United  States:  Provided,  however,  That  the  State  of  Virginia  re- 
tains concurrent  jurisdiction  with  the  United  States  over  the  same,  so 
that  the  courts,  magistrates,  and  officers  of  this  Commonwealth  may 
take  such  cognizance,  execute  such  process,  and  discharge  such  other 
legal  functions  within  the  same  as  may  not  be  incompatible  with  the 
consent  hereby  given."  (Acts  of  Assembly,  Va.,  1893-4,  p.  386.) 

Jurisdiction  over  the  lands  embraced  within  the  limits  of  the 
cemetery  was  ceded  to  the  United  States  by  an  act  of  the  State  Legis- 
lature approved  March  31,  1875,  which  act  provides  as  follows : 

"  Whereas  it  is  represented  to  the  general  assembly,  by  officers  of 
the  United  States  Army,  having  authority  in  such  matters,  that  they 
are  instructed  to  apply  to  this  general  assembly  for  the  consent  to 
the  purchase  by  the  United  States  of  two  certain  parcels  of  land,  at 
or  near  Hampton,  Virginia,  now  used  as  a  military  cemetery,  the 
boundaries  of  which  are  stated  to  be  as  follows : 

"  First.  A  parcel  of  land  purchased  by  the  United  States  from 
George  Whipple,  and  bounded  as  follows:  [Here  describes  land  set 
out  in  deed  from  George  Whipple,  marked  No.  1,  supra.] 

"  Second.  The  parcel  of  land  purchased  from  W.  E.  Woods  and 
bounded  as  follows:  [Here  describes  land  condemned  as  property  of 
William  E.  Woods,  as  set  out  in  condemnation  proceedings,  marked 
No.  2,  supra.] 

"And  whereas  it  is  further  represented  by  said  officers,  that  they 
are  further  instructed  to  apply  for  the  consent  of  this  general  assem- 
bly to  the  purchase  by  the  United  States  of  a  certain  parcel  of  land 
lying  within  the  corporate  limits  of  the  town  of  Winchester,  in  this 
State,  now  occupied  as  a  military  cemetery  by  the  United  States, 
being  the  land  purchased  by  the  "United  States  from  Jacob  Baker, 
and  bounded  as  follows:  [Here  describes  land  by  metes  and  bounds] 
and  containing  nearly  five  acres. 

"  1.  Be  it  enacted,  etc.,  That  the  consent  of  this  State  is  hereby 
given  to  the  purchase  of  said  lands  from  the  owners  thereof  by  the 
government  of  the  United  States  of  America,  or  its  authorized  agents 
and  officers,  to  be  occupied  and  used  as  national  military  cemeteries, 
and  for  this  purpose  only.  But  this  consent  is  given  subject  to  the 
following  terms  and  conditions,  to  wit : 

"  First.  That  this  State  retains  concurrent  jurisdiction  with  the 
United  States  over  the  said  places,  so  that  courts,  magistrates  and 


408  UNITED   STATES   MILITAKY   RESEKVATIONS,  ETC. 

officers  of  this  State  may  take  such  cognizance,  execute  such  process, 
and  discharge  such  other  legal  functions  within  the  same  as  may  not 
be  incompatible  with  the  consent  hereby  given. 

"  Second.  That  if  the  purposes  of  this  grant  should  cease,  or  there 
should  be,  for  five  years  consecutively,  a  failure  on  the  part  of  the 
United  States  to  use  said  places,  or  either  of  them,  for  said  purpose, 
then  the  jurisdiction  hereby  ceded  shall  cease  and  determine  as  to 
such  place.  Whenever  such  failure  of  user  shall  occur,  then  the  same 
shall  revert  to  the  Commonwealth  of  Virginia.  The  said  tracts  of 
land  and  the  buildings  that  may  be  erected  thereon  for  the  purpose 
aforesaid,  and  any  property  of  the  United  States  thereon  for  said 
purpose,  are  hereby  exempted  from  all  taxes  imposed  by  this  State 
or  by  the  constituted  authorities  of  the  counties  or  towyns  wherein 
they  lie ;  but  this  exemption  shall  continue  only  so  long  as  the  United 
States  shall  be  and  remain  the  owners  of  said  tracts  of  land. 

"2.  This  act  shall  be  in  force  from  its  passage."  (See  Code  of 
Va.,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

FORT  HARRISON    NATIONAL  CEMETERY. 

This  reservation  contains  an  area  of  1.55  acres,  and  is  situated 
about  8  miles  from  the  City  of  Richmond,  in  Henrico  County.  The 
title  is  as  follows : 

1.  Deed  from  Alpheus  W.  Childrey  and  wife,  dated  March  26, 
18G9,  conveying  0.462  acre  of  land.     Recorded  in  Book  86,  page  71, 
of  the  deed  records  of  Henrico  County. 

2.  Deed  from  Mattie  E.  Cox  and  'husband,  dated  May  14,  1872, 
conveying  1.044  acres  of  land.     Recorded  in  Book  91,  page  42,  of 
same  records. 

3.  Deed  from  Alpheus  W.  Childrey,  dated  June  28,  1873,  conveying 
a  strip  of  land  therein  described.     Recorded  in  Book  92,  page  635,  of 
same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  March  7,  1873;  for  which  act,  see  under  title 
"  Cold  Harbor  National  Cemetery." 

See  also  General  Act  of  Cession. 

HOODS. 
(Fort  at.) 

This  reservation  contains  an  area  of  10  acres,  and  is  situated  on  the 
south  bank  of  the  James  River  between  Wards  Creek  and  Flower  de 
Hundred  Creek,  in  Prince  George  County.  The  title  is  as  follows : 

1.  Deed  from  Sarah  Peter,  et  al.,  dated  April  25,  1808,  conveying 
10  acres.     Recorded  in  the  Clerk's  Office  of  the  District  Court  at 
Petersburg,  April  26,  1808,  by  order  of  the  Court.     (See  Book  of 
Deeds,  Vol.  1,  p.  136.) 

2.  Deed  from  James  Henderson,  et  al.,  dated  October  16,  1812,  con- 
veying a  plot  30  feet  square,  heretofore  reserved  as  a  family  burial 
ground.     Recorded   in  the   Clerk's   Office   of  the  Quarter   Sessions 
Court.     (See  Book  of  Deeds,  Vol.  1,  p.  286.) 


VIRGINIA.  409 

FORT   HUNT    (SHERIDAN'S  POINT). 

This  reservation  contains  an  area  of  197.413  acres,  with  metes  and 
bounds  as  given  in  G.  O.  No.  115,  W.  D.  May  27,  1907.  It  is  situated 
on  the  Potomac  River,  at  Sheridan's  Point,  in  Fairfax  County.  The 
title  is  as  follows: 

1.  Decree  of  Condemnation  for  90  acres,  2  roods  and  2  perches,  in  a 
cause  entitled  "  In  the  matter  of  the  acquisition  by  the  United  States 
of  America,  of  certain  lands  in  Fairfax  County,  Virginia,  for  the  site, 
location,  construction,  and  prosecution  of  works  for  fortifications  and 
coast  defenses,"  in  the  Circuit  Court  of  the  United  States  for  the  East- 
ern District  of  Virginia.     Rendered  June  10,  1893,  amended  and 
made  final  July  6,  1893.    Filed  with  the  record  in  said  cause  in  the 
Clerk's  Office  of  said  Court  and  recorded  in  the  minutes  thereof. 

2.  Decree  of  Condemnation  for  105  acres,  1  rood  and  3  perches  in  a 
cause  entitled  "  The  United  States  v.  John  Miller,"  in  the  District 
Court  of  the  United  States  for  the  Eastern  District  of  Virginia. 
Rendered  July  7,  1903,  and  filed  in  Clerk's  Office  of  Fairfax  County 
Court. 

3.  Deed  of  F.  G.  Percival,  et  al.,  dated  June  1, 1906,  conveying  right 
of  way  to  county  road.    Recorded  in  Liber  U  No.  6,  page  342,  et  seq., 
in  Clerk's  Office  of  Fairfax  Circuit  Court. 

4.  Deed  from  John  Miller  and  wife  dated  October  11, 1906,  convey- 
ing 1.633  acres.     Recorded  in  Liber  V,  No.  6,  page  162,  et  seq.  of 
same  records. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  February  29,  1892,  which  act  is  as  follows: 

"  Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 
ginia that  the  United  States  desires  to  acquire  title  to  a  tract  of  land 
at  Sheridan's  Point  on  the  Potomac  river,  in  the  County  of  Fairfax, 
embracing  three  hundred  acres  of  land,  more  or  less,  for  the  purpose 
of  locating,  constructing,  and  prosecuting  works  for  fortifications  and 
coast  defenses;  therefore, 

"  1.  Be  it  enacted  ~by  the  general  assembly  of  Virginia,  That  the 
consent  of  this  Commonwealth  be,  and  is  hereby  given  to  the  acquisi- 
tion of  said  title,  and  when  the  same  shall  have  been  acquired  jurisdic- 
tion is  hereby  ceded  over  the  said  tract  of  land  to  the  government  of 
the  United  States,  so  that  Congress  and  the  authorities  of  the  federal 
government  shall  have  all  lawful  power  and  control  over  the  same,  as 
is  specified  in  the  seventeenth  clause  of  eighth  section  of  the  first  arti- 
cle of  the  Constitution  of  the  United  States. 

"  2.  This  State  retains  jurisdiction  oVer  the  said  tract  of  land  in  all 
matters  relating  to  the  violation  of  the  laws  of  the  State,  to  the  execu- 
tion and  service  of  all  processes  issued  by  or  from  the  Court,  magis- 
trates or  other  officers  of  the  State  in  pursuance  of  law,  and  in  all 
other  matters  not  incompatible  with  the  consent  herein  given  and  the 
rightful  authority  of  the  United  States  to  be  acquired  under  this  act. 

"  3.  The  said  land  and  privileges  hereby  ceded,  and  the  fortifica- 
tions, buildings  and  structures  which  may  be  erected  thereon  by  the 
United  States  Government  are  hereby  exempted  from  all  taxation  so 
long  as  the  same  shall  be  held  and  used  by  the  United  States  for  the 
purposes  hereinbefore  mentioned,  and  no  longer:  provided  that  if 
within  the  area  herein  mentioned  any  business  or  calling  for  which  a 


410  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

license  tax  is  required  by  the  State  of  Virginia  is  followed  or  pur- 
sued, the  same  shall  be  liable  to  such  license  taxation:  and  provided 
further^  that  if  any  buildings  be  erected  within  such  area  for  the  pur- 
poses disconnected  from  and  not  necessary  to  the  purposes  of  this  act, 
such  buildings  and  all  personal  property  contained  or  used  in  or  in 
connection  with  such  buildings  shall  be  subject  to  taxation  by  the 
State  of  Virginia  and  the  County  of  Fairfax  in  like  manner,  and  at 
the  same  rate  as  other  property  in  said  county  may  be  taxed. 

"  4.  Should  the  property  herein  granted  be  used  for  any  other  pur- 
poses than  those  specified  herein  by  the  United  States  Government,  or 
under  its  authority,  then  the  same  shall  be  subject  to  taxation  as  other 
property  in  this  State. 

"5.  This  act  shall  be  in  force  from  its  passage."  (Acts  of  Assem- 
bly, Va.,  1891-2,  p.  724.  See  also  Virginia  Code,  1904,  sec.  15.) 

See  also  General  Acts  of  Cession. 

MIDDLE  GROUNDS,  CHESAPEAKE  BAY. 

This  reservation  comprises  a  rectangular  tract,  5,000  feet  by  4,000 
feet  (area  459.1  acres),  situated  on  the  "  Middle  Grounds,"  or  shoal 
area,  in  Chesapeake  Bay.  From  the  initial  point  (or  northerly  cor- 
ner) the  Cape  Charles  Light-house  bears  N.  46°  47'  E.,  the  Cape 
Henry  Light-house  S.  6°  56'  E.,  and  the  Thimble  Shoal  Light-house 
S.  84°  00'  W. 

Title  and  jurisdiction  are  as  follows: 

Deed  from  the  Governor  of  Virginia,  dated  February  16,  1907,  con- 
veying the  title  and  interest  of  the  State  to  the  submerged  area  de- 
scribed above,  under  Act  of  the  State  Legislature,  approved  March  4, 
1890  (Chapter  214,  Acts  of  1889-1890)  ;  subject  to  all  the  terms  and 
conditions  in  said  Act  expressed ;  which  Act  authorized  the  Governor 
to  convey  title  and  cede  jurisdiction  over  lands  at  the  mouth  of  Chesa- 
peake Bay  for  sites  for  fortifications  for  the  defense  thereof.  Deed 
recorded  in  the  Clerk's  Office  of  Princess  Anne  Circuit  Court  on 
June  4,  1907,  in  Deed  Book  79,  page  4;  and  in  the  Clerk's  Office  of 
the  Circuit  Court  of  the  County  of  Northampton  on  June  5,  1907,  in 
Deed  Book  60,  page  33. 

By  said  Act  of  March  4, 1890,  consent  is  given  to  the  purchase,  and 
jurisdiction  is  ceded,  over  such  tracts  as  may  be  purchased  or  ac- 
quired for  the  defense  of  the  entrance  into  Chesapeake  Bay,  not  ex- 
ceeding 500  acres  for  any  one  point  or  site,  subject  to  the  following 
proviso : 

"  That  the  state  retains  jurisdiction  over  the  same  in  all  matters 
relating  to  the  violation  of  the  laws  of  the  state  to  the  execution  and 
service  of  all  processes  issued  by  or  from  the  courts,  magistrates,  or 
other  state  officers  in  pursuance  of  law,  and  in  all  other  matters  not 
incompatible  with  the  consent  herein  given  and  the  rig-htful  authority 
of  the  United  States  thereby  acquired  or  to  be  acquired  under  this 
act."  (Chapter  214,  Acts  of  1889-1890.) 

FORT    MONROE. 

This  reservation  contains  an  area  of  about  477.97  acres,  including 
the  submerged  land  recently  acquired  (No.  8  infra)  and  the  15  acres 
known  as  the  Kip  Raps,  and  is  situated  at  Old  Point  Comfort,  in 


VIRGINIA.  411 

Elizabeth  City  County,  commanding  the  entrance  to  Hampton  Roads. 
The  title  is  as  follows: 

1.  Deed  from  the  Governor  of  Virginia,  dated  — ,  1838,  ceding  title 
to  and  jurisdiction  over  250  acres  of  land  at  Old  Point  Comfort,  and 
15  acres  of  shoal  at  the  Rip  Raps.     Recorded  in  Elizabeth  City 
County  Clerk's  Office  December  12,  1838. 

2.  Deed  from  The  Hampton  River  and  Mill  Creek  Toll  Bridge 
Company,  dated  November  15,  1838,  conveying  all  right,  title,  and 
interest  to  a  certain  toll  bridge,  and  abutments  thereof,  across  Mill 
Creek,  together  with,  right  of  way  between  said  toll  bridge  and  the 
bridge  across  Hampton  River.    Recorded  November  15,  1838,  in  same 
records. 

3.  Deed  from  Jas.  A.  J.  Bradford  to  Lieut.  Col.  R.  E.  DeRussy, 
for  the  United  States,  dated  February  12,  1841,  conveying  15  acres 
and  32  perches  of  land  known  as  "  Pumping  Station  Reserve."    Re- 
corded April  8,  1841,  in  same  records. 

4.  Deed  from  John  Tabb  to  Col.  R.  E.  DeRussy,  for  the  United 
States,  dated  1844   (?),  conveying  2  acres  of  a  tract  called  "The 
Glebe."    Recorded  in  same  records. 

5.  Deed  from  Jas.  M.  dimming  and  wife,  dated  August  18,  1903, 
conveying  certain  lots  in  Chesapeake  District,  aggregating  10.5  acres, 
more  or  less.    Recorded  in  Vol.  41,  page  452,  of  same  records. 

6.  Decree  of  Circuit  Court  of  the  United  States,  Eastern  District  of 
Virginia,  entered  November  10,  1904,  covering  a  tract  of  1.29  acres 
above  mean  low  water  (0.49  of  an  acre  of  which  is  high  land),  known 
as  the  Catholic  Brothers'  Land.    Consideration  paid  to  owner  ("  Old 
Point  Comfort  College  ")  same  date. 

7.  Decree  of  condemnation  of  103.61  acres  above  mean  low  water 
(40.05  acres  of  high  land),  the  property  of  John  R.  McGinness,  in 
the  United  States  Circuit  Court  for  the  Eastern  District  of  Virginia. 
Rendered  November  12,  1906. 

8.  Deed  from  the  Governor  of  Virginia,  dated  November  21,  1908, 
conveying  title  and  ceding  jurisdiction  under  State  Act  of  March  12, 
1908  (Acts  of  Assembly,  Virginia,  1908,  Chapter  206,  page  314),  over 
two  tracts  of  submerged  land  adjoining  reservation, — 41.20  acres  in 
Hampton  Roads  and  39.16  acres  in  Mill  Creek.     Deed  registered  in 
the  office  of  Register  Land  Office,  Book  122,  p.  361.     Conveyance 
made  subject  to  rights  of  any  persons  claiming  "  under  any  grant, 
lease,  or  assignment,  or  under  any  contract  with  the  Commonwealth 
or  her  duly  authorized  representatives." 

Jurisdiction  over  the  tracts  included  in  deed  marked  No.  1,  supra, 
was  authorized  to  be  ceded  to  the  United  States  by  an  act  of  the 
State  Legislature  passed  March  1,  1821,  as  follows: 

"Preamble:  Whereas  it  is  shown  to  the  present  General  Assembly 
that  the  Government  of  the  United  States  is  solicitous  that  certain 
lands  at  Old  Point  Comfort,  and  at  the  shoal  called  the  Rip  Raps, 
should  be,  with  the  right  of  property  and  entire  jurisdiction  thereon, 
vested  in  the  said  United  States  for  the  purpose  of  fortification,  and 
other  objects  of  National  defence. 

"  1."  Be  it  enacted,  etc.,  That  it  sfiall  be  lawful  and  proper  for  the 
Governor  of  this  Commonwealth,  by  conveyance  or  deeds  in  writing 
under  his  hand  and  seal  of  the  State,  to  transfer,  assign  and  make 
over  unto  the  said  United  States  the  right  of  property  and  title,  as 
well  as  all  the  jurisdiction  which  this  Commonwealth  possesses  over 


412  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

the  land  and  shoal  at  Old  Point  Comfort  and  the  Rip  Eaps;  Pro- 
vided, The  cession  at  Old  Point  Comfort  shall  not  exceed  250  acres, 
and  the  cession  of  the  shoal  at  the  Rip  Raps  shall  not  exceed  fifteen 
acres,  And  provided  also,  That  the  said  cession  shall  not  be  construed 
or  taken,  so  as  to  prevent  the  officers  of  this  State  from  executing  any 
process,  or  discharging  any  other  legal  functions,  within  the  jurisdic- 
tion or  territory  herein  directed  to  be  ceded,  nor  to  prevent,  abolish  or 
restrain  the  right  or  privilege  of  fishery  hitherto  enjoyed  and  used  by 
the  citizens  of  this  Commonwealth  within  the  limits  aforesaid;  Arid 
provided  further,  That  nothing  in  the  deed  of  conveyance,  required 
by  the  first  section  of  this  act,  shall  authorize  the  discontinuance  of 
the  present  road  to  the  Fort,  or  in  any  manner  prevent  the  pilots  from 
erecting  such  marks  and  beacons  as  may  be  deemed  necessary. 

"  2.  And  be  it  further  enacted,  That  should  the  said  United  States 
at  any  time  abandon  the  said  lands  and  shoal,  or  appropriate  them  to 
any  other  purposes  than  those  indicated  in  the  preamble  to -this  act, 
that,  then  and  in  that  case,  the  same  shall  revert  to,  and  revest  in  this 
Commonwealth."  (See  Code  of  Va.,  1904,  sec.  15.) 

Jurisdiction  over  the  toll  bridge  described  in  the  deed  marked  No. 
2,  supra,  was  authorized  to  be  ceded  to  the  United  States  by  an  act 
of  the  State  Legislature  approved  January  14,  1871,  which  provides 
as  follows: 

"  1.  Be  it  enacted,  etc.,  That  it  shall  and  may  be  lawful  for  the  gov- 
ernor of  this  Commonwealth,  and  he  is  hereby  fully  authorized  so  to 
do,  for  and  on  behalf  of  this  Commonwealth,  by  a  proper  deed  and 
instrument  of  writing,  under  his  hand  and  the  seal  of  the  Common- 
wealth, to  convey,  transfer,  assign  and  make  over,  to  the  United 
States,  all  the  jurisdiction  which  this  Commonwealth  has  or  possesses 
over  a  certain  toll-bridge,  and  the  abutment  thereof,  across  Mill 
Creek  in  the  County  of  Elizabeth  City,  erected  in  pursuance  of  an 
Act  of  the  General  Assembly  of  Virginia,  passed  January  twenty- 
seventh,  Anno  Domini,  Eighteen  hundred  and  twenty-five,  entitled 
an  Act  empowering  the  County  of  Elizabeth  City  to  erect  two  toll 
bridges,  and  for  other  purposes,  with  all  the  appurtenances  to  the 
said  toll  bridge  belonging,  but  excluding  the  said  jurisdiction  over 
the  road  leading  from  the  said  abutment,  in  the  said  County  of  Eliza- 
beth City,  on  the  north  side  of  Mill  Creek,  to  the  abutment  of  the  toll 
bridge  across  Hampton  River,  which  said  toll  bridge  across  Mill 
Creek,  and  its  abutment,  in  the  County  of  Elizabeth  City,  was  con- 
veyed to  the  said  United  States  by  the  Hampton  River  and  Mill 
Creek  Toll  Bridge  Company,  by  its  deed  dated  the  fifteenth  day  of 
November,  Eighteen  hundred  and  thirty-eight,  and  recorded  in  the 
Clerk's  Office  of  the  County  Court  of  said  County  on  the  same  day : 
Provided,  That  all  the  conditions  imposed  by  the  charter  of  incor- 
poration of  the  Hampton  River  and  Mill  Creek  Toll  Bridge  Com- 
pany, passed  on  the  twenty-seventh  day  of  January,  Eighteen  hun- 
dred and .  twenty- five,  shall  be  observed  and  kept  by  the  United 
States;  and  that  the  deed  hereby  authorized  shall  provide  that  the 
grant  of  jurisdiction  hereby  authorized  shall  be  null  and  void  upon 
the  failure  of  the  United  States*  to  comply  with  and  keep  the  said 
condition. 

"  2.  If  at  any  time  hereafter  the  said  bridge  shall  be  suffered  to  fall 
into  decay,  or  the  said  United  States  shall  cease  to  use  the  same  for 
military  purposes  in  connection  with  Fortress  Monroe,  then,  and  in 


VIRGINIA.  413 

either  event,  the  jurisdiction  over  such  territory  hereby  declared  to  be 
vested  in  the  United  States,  shall  revert  to  this  Commonwealth  and 
be  subject  to  the  jurisdiction  of  the  same,  in  like  manner  as  if  this  act 
had  never  been  passed :  provided,  that  nothing  herein  contained  shall 
be  so  construed  as  to  authorize  the  said  United  States  to  exact  toll  or 
compensation  for  crossing  or  passing  over  said  bridge,  or  to  prevent 
the  officers  of  this  Commonwealth  from  executing  any  process  what- 
ever within  the  jurisdiction  hereby  directed  to  be  ceded  to  the  United 
States."  (See  Appendix,  page  467;  and  Code  of  Va.,  1904,  sec.  15.) 

See  also  General  Act  of  Cession. 

Easements:  Act  of  Congress,  approved  July  3,  1884,  granted  per- 
mission to  the  Chesapeake  and  Ohio  Railway  Company  to  extend  its 
line  upon  the  reservation  and  to  erect  a  station.  Location  approved 
by  the  Secretary  of  War,  February  6,  1889. 

Act  of  Congress,  approved  March  3,  1891,  granted  permission  to 
Hampton  and  Old  Point  Railway  Company  to  construct  and  operate 
a  street  railway  upon  the  reservation.  Location  approved  by  Secre- 
tary of  War,  November  14,  1891. 

Revocable  Licenses: 

The  Sherwood. 

License,  April  15,  1843,  to  Dr.  Archer  to  erect  a  frame  building 
without  the  walls  of  Fort  Monroe. 

License,  March  21,  1878,  to  Mrs.  S.  F.  Eaton  for  addition  to  the 
building  she  occupies  on  the  reservation.  (House  erected  by  Dr. 
Archer.)  Plans  approved  September  30,  1879. 

License,  February  14,  1890,  to  George  Booker  to  enter  upon  reser- 
vation and  occupy,  improve  and  extend  the  building  known  as  the 
Eaton  Cottage. 

License,  March  25,  1895,  to  George  Booker  to  reconstruct  that  por- 
tion of  the  building  known  as  The  Sherwood  recently  destroyed  by 
fire. 

License,  April  19, 1895,  to  George  Booker  to  extend  building  known 
as  The  Sherwood. 

License,  February  3,  1897,  to  George  Booker  to  repair  the  building 
known  as  The  Sherwood,  damaged  by  fire.  * 

License,  September  29,  1903  to  M.  Louise  Booker,  administratrix, 
etc.,  to  maintain  and  use  the  building  known  as  the  New  Sherwood. 

License,  November  23,  1903,  to  John  B.  Kimberly  to  maintain  and 
use  the  building  known  as  the  New  Sherwood. 

Catholic  Chapel. 

License,  June  20,  1860,  to  the  Rt.  Rev.  John  McGill  to  build  a 
Catholic  Chapel  on  the  reservation. 

License,  July  10,  1876,  to  P.  J.  Hasty  to  build  residence  for  Roman 
Catholic  priest  upon  the  reservation. 

License,  October  20,  1893,  to  T.  J.  Mercer,  Roman  Catholic  priest, 
to  make  alterations  and  repairs  to  priest's  residence. 

Kimberly  Properties. 

License,  (in  form  of  agreement)  July  15,  1868,  to  William  H. 
Kimberly  to  re-erect  a  store-house  upon  the  reservation,  pursuant  to 


414  UNITED   STATES   MILITAKY   RESERVATIONS,  ETC. 

authority  granted  by  Joint  Resolution  of  Congress,  approved  March 
16,  1868. 

License,  December  11,  1894,  to  John  B.  Kimberly  to  maintain  and 
use  the  buildings  formerly  occupied  by  William  H.  Kimberly. 

License,  February  27,  1897,  to  John  B.  Kimberly  to  enlarge  the 
storeroom  of  his  building  on  the  reservation. 

(Notice  of  revocation  of  licenses  to  John  B.  Kimberly,  June  7,  1902, 
in  so  far  as  they  authorized  the  occupancy  of  the  ground  occupied 
by  the  front  forty  feet  of  the  building,  back  to  line  with  front  of 
Chamberlin  Hotel.) 

License,  July  30,  1902,  to  John  B.  Kimberly  to  construct  and  main- 
tain an  addition  to  his  building  on  the  reservation. 

License,  October  1,  1902,  to  John  B.  Kimberly  to  add  drug  depart- 
ment to  his  stock  of  general  merchandise. 

Express  Companies. 

License,  December  20,  1872,  to  the  Adams  Express  Company  to  use 
a  parcel  of  ground  on  the  reservation  near  the  Kimberly  store-house. 

(Notice,  June  7,  1902,  to  the  Adams  Express  Company  to  cut  off 
and  remove  the  front  forty  feet  of  its  building  back  to  a  line  with  the 
front  of  the  Chamberlin  Hotel.) 

License,  April  17,  1891,  to  the  United  States  Express  Company  to 
transact  business  in  some  building  already  on  the  reservation. 

License,  September  29,  1896,  to  the  Southern  Express  Company 
to  conduct  its  business  in  the  building  used  by  the  Adams  Express 
Company. 

Baulch  Properties. 

License,  February  26, 1879,  to  Wm.  Baulch  to  erect  building  for  the 
storage  of  ice. 

License,  March  17,  1892,  to  Wm.  Baulch  to  remove  ice  house  build- 
ing to  site  selected  by  post  commander. 

License,  September  5, 1894,  to  Wm.  Baulch  to  erect  building  in  con- 
nection with  his  ice  house  for  the  stabling  of  two  draft  horses. 

License,  May  6,  1897,  to  Wrn.  Baulch  to  build  a  small  pier  in  front 
of  his  ice  house  to  replace  one  partly  destroyed  by  storm. 

(Notice  to  Mr.  Baulch,  June  7,  1902,  to  remove  his  news  stand  and 
the  buildings  appurtenant  thereto,  if  any,  from  the  reservation.) 

Telegraph  Companies. 

License,  May  17, 1892,  to  the  York  Telephone  and  Telegraph  Com- 
pany to  construct,  maintain  and  operate  a  telegraph  or  telephone 
cable,  or  both,  in  connection  with  aerial  lines  across  the  Fort  Monroe 
and  Fort  Wool  reservations. 

License,  December  12,  1894,  to  the  Postal  Telegraph-Cable  Com- 
pany to  land,  maintain  and  operate  its  cable  on  the  Rip  Raps  and  on 
the  Fort  Monroe  reservation. 

License,  March  9,  1895,  to  the  Postal  Telegraph-Cable  Company  to 
extend  its  wires  from  the  Chamberlin  Hotel  through  the  reservation 
on  the  poles  of  the  Hampton  and  Old  Point  Electric  Company. 

License,  September  13,  1895,  to  the  Hampton  Telephone  Company 
to  construct,  maintain  and  use  a  telephone  line  on  the  reservation. 


VIKGINIA.  415 

License,  November  4, 1897,  to  the  Hampton  Telephone  Company  to 
land  a  telephone  cable  on  the  reservation. 

License,  September  23,  1902,  to  Western  Union  Telegraph  Com- 
pany to  remove  its  office  from  the  Hygeia  Hotel  to  another  location. 

License,  October  4,  1905,  to  the  Postal  Telegraph-Cable  Company 
to  run  its  telegraph  wires  upon  the  existing  poles  of  the  Hampton 
Telephone  Company,  and  erect  poles  to  complete  connections  to  the 
Chamberlin  Hotel  and  cable  landing. 

Hotel  Chamberlin. 

License,  May  25, 1887,  to  John  F.  Chamberlin  to  erect  and  maintain 
a  hotel  upon  the  reservation,  pursuant  to  authority  granted  by  Joint 
Resolution  of  Congress,  approved  March  3, 1887. 

License,  March  13,  1897,  to  the  Hampton  Roads  Hotel  Company  to 
erect  a  dancing  and  bathing  pavilion  in  front  of  the  breakwater  of  the 
Hotel  Chamberlin. 

License,  February  9,  1898,  to  the  Hampton  Roads  Hotel  Company 
to  establish  and  conduct  a  drug  store  in  a  room  of  the  Hotel  Cham- 
berlin. 

License,  March  24,  1903,  to  the  Old  Point  Comfort  Improvement 
Company  to  continue  for  the  Chamberlin  Hotel  the  private  water  sys- 
tem acquired  by  that  company  from  the  owners  of  the  Hygeia  Hotel. 

License,  April  14,  1903,  to  the  Old  Point  Comfort  Improvement 
Company  to  maintain  and  operate  the  Hotel  Chamberlin  subject  to 
conditions  contained  in  Joint  Resolution  of  Congress,  approved  March 
3, 1887,  and  license  from  the  Secretary  of  War  to  John  F.  Chamberlin, 
dated  May  25,  1887. 

License,  December  28,  1903,  to  George  F.  Adams,  manager  of  Hotel 
Chamberlin  to  erect  and  maintain  an  automobile  storehouse  on  the 
reservation. 

Railway  Companies. 

License,  March  24,  1892,  to  Hampton  and  Old  Point  Railway  Com- 
pany to  extend  a  track  upon  the  government  wharf. 

License,  March  10,  1896,  to  the  Newport  News,  Hampton  and  Old 
Point  Railway  Company  to  operate  the  street  railway  constructed  by 
the  Hampton  and  Old  Point  Railway  Company. 

License,  February  9,  1897,  to  the  Newport  News,  Hampton  and  Old 
Point  Railway  Company  to  maintain  and  use  its  tracks  upon  the 
government  wharf. 

License,  March  22,  1899,  to  the  Newport  News  and  Old  Point  Rail- 
way and  Electric  Company  to  put  in  a  switch  at  the  government 
wharf. 

(Notice,  April  6,  1901,  to  the  Newport  News  and  Old  Point  Rail- 
way and  Electric  Company  to  remove  tracks  from  in  front  of  Artil- 
lery School  building.) 

License,  February  15,  1896,  to  the  Buckroe,  Phoebus  and  Hampton 
Railway  Company  to  construct,  maintain  and  operate  an  electric 
street  railway  on  the  reservation. 

License  May  27,  1899,  to  the  Chesapeake  and  Hampton  Roads 
Railway  Company  to  lay  single  track,  erect  poles  and  string  wires 
upon  the  reservation. 


416  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

License,  January  9,  1900,  to  the  Point  Comfort  Beach  Railway 
Company  to  lay  and  maintain  an  electric  railway  through  that  por- 
tion of  the  reservation  lying  north  of  Mill  Creek  which  was  acquired 
from  Jas.  A.  J.  Bradford  by  deed  dated  February  12,  1841. 

License,  November  15,  1895,  to  the  Chesapeake  and  Ohio  Railway 
Company  to  construct  a  freight  depot  on  the  reservation. 

Licenses,  dated  October  20,  and  December  15, 1904,  to  the  Hampton 
Roads  Railway  and  Electric  Company  for  connection  with  tracks 
of  the  Newport  News  and  Old  Point  Railway  and  Electric  Com- 
pany, and  joint  use  of  tracks  of  latter  company. 

License,  December  29,  1905,  to  Newport  News  and  Old  Point 
Railway  and  Electric  Company,  covering  acquisition  and  mainte- 
nance of  railway  of  Hampton  Roads  Railway  and  Electric  Company. 

Transportation  Companies. 

License,  August  22,  1900,  to  F.  V.  Archer  to  make  one  landing 
each  day  at  the  government  wharf  with  the  steamer  General  Jas.  A. 
Dumont. 

License,  August  2,  1900,  to  Wallington  Hardy  to  land  freight  and 
passengers  from  the  steamer  Salacia  upon  the  government  wharf. 

The  following  transportation  companies  also  are  authorized  to 
transact  business  at  the  main  wharf  under  Act  of  Congress,  approved 
August  1,  1894 : 

Baltimore,  Chesapeake  and  Richmond  Steamboat  Company; 

Baltimore  Steam  Packet  Company; 

New  York,  Philadelphia  and  Norfolk  Railroad  Company; 

Norfolk  and  Washington  Steamboat  Company; 

Norfolk  Railway  and  Light  Company; 

Old  Dominion  Steamship  Company; 

Potomac  and  Chesapeake  Steamboat  Company. 

Virginia  Navigation  Company. 

Weems  Steamboat  Company. 

Newport  News  and  Old  Point  Railway  and  Electric  Company. 

Miscellaneous. 

License,  March  4, 1884,  to  The  Light  House  Board  to  locate  a  buoy 
depot  on  the  reservation. 

License,  February  12,  1890,  to  the  Hampton  Electric  Light  and 
Power  Company  to  place  poles  on  the  government  bridge  over  Mill 
Creek  and  in  the  grounds  of  the  reservation. 

,  License,  March  21,  1890,  to  enlisted  men  at  Fort  Monroe  to  erect  a 
club  house  for  the  Catholic  Social  Club. 

License,  July  26,  1890,  to  F.  B.  Roads,  Secretary  Veteran  Associa- 
tion, 3rd  Pennsylvania  Heavy  Artillery  and  188th  Pennsylvania  Vol- 
unteers, to  place  a  bronze  tablet  on  the  inner  wall  at  the  main  en- 
trance to  Fort  Monroe. 

License,  January  30,  1895,  to  the  Newport  News  Light  and  Water 
Company  to  extend  its  line  of  pipe  on  the  reservation. 

License,  January  IT,  1896,  to  the  Chesapeake  Light  and  Power 
Company  to  run  its  wires  on  the  poles  erected  by  the  Hampton  Tele- 
phone Company. 


v  c.r\«-M  i 

C^LIFi 


417 


License,  June  17,  1902,  to  the  International  Committee  of  Young 
Men's  Christian  Association  to  erect  and  maintain  a  building  upon 
the  reservation,  pursuant  to  authority  of  Act  of  Congress,  approved 
May  31,  1902. 

License,  January  13,  1905,  to  Collector  of  Customs,  covering  erec- 
tion of  flag-staff  for  display  of  U.  S.  Revenue  Ensign,  at  Collector's 
Office. 

License,  July  8,  1905,  to  Agricultural  Department  covering  erec- 
tion of  steel  storm-warning  tower  for  Weather  Bureau. 

FORT   MYER   AND    MILITARY   ROAD. 

This  reservation  contains  an  area  of  186  acres,  being  a  portion  of 
the  Arlington  Estate.  (See  "Arlington"  for  situation,  title  and 
jurisdiction.) 

The  following  deeds  convey  the  title  in  a  military  road,  under 
authority  of  Act  of  Congress,  approved  June  28,  1902 : 

1.  Deed    from    H.    Rozier    Dulany    and    Howard    P.    Marshall, 
Trustees,  dated  August  4,  1902,  conveying  2.347  acres  for  a  military 
road.     Recorded  in  Liber  107,  folio  112,  of  the  land  records  of  Alex- 
andria County. 

2.  Deed  from  Mrs.  Charlotte  L.  Drain  and  husband,  dated  Septem- 
ber 30,  1902,  conveying  49,400  square  feet  for  a  military  road.     Re- 
corded in  Book  107,  page  94,  of  same  records. 

3.  Deed  from  Board  of  Supervisors,  Alexandria  County,  dated 
April  23,  1909,  conveying  easement  in  certain  streets  of  Rosslyn. 

See  also  General  Act  of  Cession. 

For  list  of  easements  and  licenses  see  "Arlington  "  and  "Aqueduct 
Bridge." 

FORT   NELSON. 

This  reservation  contains  an  area  of  about  79  acres,  and  is  situated 
on  the  Elizabeth  River  near  Mosquito  Point,  in  Norfolk  County. 
The  title  is  as  follows: 

1.  Deed  from  Thomas  Newton  and  wife,  dated  September  3,  1799, 
conveying  18  acres  of  land  on  Mosquito  Point,  etc.     Recorded  in  the 
Clerk's  Office  of  the  Norfolk  County  Court  April  21,  1800. 

2.  Deed  from  Thomas  Newton  and  wife,  dated  November  29,  1827, 
conveying  61  acres  of  land  adjoining  above  tract.     Recorded  June  17, 
1840,  in  same  records. 

Jurisdiction  was  authorized  to  be  ceded  to  the  United  States  by 
an  act  of  the  State  Legislature  passed  February  19,  1842,  which  act 
is  as  follows: 

"Whereas  Thomas  Newton  and  wife  by  their  deed  of  the  third  of 
September  Seventeen  hundred  and  ninety-nine  and  of  record  in  the 
Court  of  the  County  of  Norfolk,  conveyed  to  John  Adams,  President 
of  the  United  States,  Eighteen  acres  of  land,  more  or  less,  situate 
in  said  County,  upon  which  a  fortification  was  erected  by  the  Govern- 
ment of  the  United  States,  called  "Fort  Nelson"  which  fortification 
has  since  been  removed,  and  a  Naval  Hospital  built  by  the  United 
States  Government  thereon  and  other  lands  adjoining  thereto,  since 
purchased  by  the  United  States,  which  last  purchase  has  been  upon 
the  part  of  the  State  of  Virginia  ceded  to  the  United  States,  but  no 

16809—10 27 


418  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

cession  ever  having  been  made  of  the  lands  upon  which  the  said  fort 
was  erected: 

"  1.  Be  it  enacted,  etc.,  That  it  shall  be  lawful  and  proper  for  the 
Governor,  or  acting  Governor  of  this  Commonwealth,  by  conveyance, 
or  deeds  in  writing  under  his  hand  and  the  seal  of  the  State,  to  trans- 
fer, assign  and  make  over  to  the  United  States,  the  right  of  property 
and  title  as  well  as  all  the  jurisdiction  which  the  Commonwealth 
possesses  over  the  lands  upon  which  Fort  Nelson  was  erected  as  afore- 
said containing  by  estimation  Eighteen  acres ;  subject  nevertheless  to 
all  the  restrictions,  limitations  and  provisions  as  are  set  forth  and 
contained  in  the  act  passed  on  the  first  day  of  March  Eighteen  hun- 
dred and  twenty-one  entitled  'An  act  ceding  to  the  United  States  the 
lands  on  Old  Point  Comfort,  and  the  shoals  called  the  Rip  Raps.'  * 
(See  Code  of  Va.,  1904,  sec.  15.) 

It  seems  that  by  an  act  of  the  State  Legislature  approved  Febru- 
ary 27,  1833,  jurisdiction  over  the  lands  described  in  the  deed  marked 
No.  2  (supra)  was  ceded  to  the  United  States  for  "Naval-Hospital" 
purposes.  The  land  described  in  deed  marked  No.  1  (supra)  seems 
to  have  been  turned  over  to  the  proper  authorities  for  a  naval  hospital 
conditionally. 

FORT  NORFOLK. 

This  reservation  contains  an  area  of  4Jf  f  J  acres,  and  is  situated  on 
the  Elizabeth  River  near  Norfolk,  in  Norfolk  County.  The  title  is  as 
follows : 

Deed  from  Edward  Pool  and  wife,  dated  May  21,  1795,  conveying 
the  above  tract. 

(The  above  reservation  transferred  to  the  Navy  Department  condi- 
tionally by  order  of  the  Secretary  of  War,  dated  July  28,  1848.) 

Consent  to  the  purchase  by  the  United  States  was  given  by  an  Act 
of  the  State  Legislature  passed  November  28,  1794,  as  follows : 

"  1.  Be  it  enacted,  etc.,  That  it  shall  be  and  may  be  lawful  for  the 
President  of  the  United  States,  or  any  person  by  him  appointed  for 
that  purpose,  to  purchase  within  the  limits  of  this  State  a  quantity  of 
land,  not  exceeding  six  hundred  and  forty  acres,  for  the  use  of  the 
United  States  for  the  purpose  of  erecting  a  magazine  and  arsenal 
thereon."  (See  Code  of  Va.,  1904,  sec.  15.) 

POPLAR    GROVE    NATIONAL   CEMETERY. 

This  reservation  contains  an  area  of  8.65  acres,  and  is  situated  about 
4J  miles  from  Petersburg  in  Dinwiddie  County.  The  title  is  as 
follows : 

1.  Deed  from  Bradley  T.  Johnson,  Special  Commissioner,  dated 
April  3,  1868,  conveying  8.13  acres  of  land.  Recorded  in  the  Clerk's 
Office  of  the  Dinwiddie  County  Court  December  15,  1868,  in  Deed 
Book  No.  12,  page  159. 

Decree  of  Condemnation  for  above  land  with  appraisement,  and 
appointment  of  Bradley  T.  Johnson  as  Special  Commissioner  to  con- 
vey, etc.,  in  the  cause  of  George  Yickers,  Guardian,  etc.,  et  al.,  v.  The 
United  States,  rendered  April  3,  1868,  in  the  District  Court  of  the 
United  States  for  the  District  of  Virginia.  Filed  with  the  record 
in  the  Clerk's  Office  of  said  District  Court. 


VIRGINIA.  419 

2.  Deed   from   J.   Wesley   Friend,   Special   Commissioner,   dated 
April  30,  1877,  conveying  0.0919  of  an  acre  of  land.     Recorded  in 
Deed  Book  No.  14,  page  428,  of  said  county  records. 

Decree  of  Condemnation  of  above  land  with  appraisement,  and 
appointment  of  J.  Wesley  Friend  as  Special  Commissioner  to  convey, 
etc.,  in  the  cause  of  J.  Wesley  Friend,  Guardian,  etc.,  v.  Fannie  E. 
Farley  et  al.,  in  the  Circuit  Court  of  Dinwiddie  County,  April  term, 
1877.  Rendered  at  said  Term  and  filed  with  the  record  in  the  Clerk's 
Office  of  said  Court. 

3.  Deed   from   J.   Wesley   Friend,    Special   Commissioner,   dated 
April  30,  1877,  conveying  0.5019  of  an  acre  of  land  and  right  of  way. 
Recorded  in  Deed  Book  No.  14,  page  429,  of  said  county  records. 

Decree  of  Condemnation  of  the  above  land,  with  appraisement,  and 
appointment  of  J.  Wesley  Friend  as  Special  Commissioner  to  convey, 
etc.,  in  the  cause  of  J.  Wesley  Friend,  Guardian,  etc.,  et  al.,  v.  Re- 
becca D.  Flower  et  al.,  in  the  Circuit  Court  of  Dinwiddie  County, 
October  Term,  1876.  Rendered  at  said  Term,  and  filed  with  the 
record  in  the  Clerk's  Office  of  said  Court. 

POTOMAC    HIGHWAY   BRIDGE. 

This  reservation  contains  about  4.471  acres,  at  the  Virginia  end  of 
the  New  Highway  Bridge.  The  title  is  as  follows : 

1.  Deed  from  William  M.  Lewin,  Trustee,  dated  December  23, 
1904,  conveying  above  tract.  Recorded  in  Deed  Book  No.  Ill,  page 
56,  of  the  land  records  of  Alexandria  County. 

RICHMOND    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  9.74  acres,  also  right  of  way, 
and  is  situated  on  the  Williamsburg  Turnpike  road  near  Richmond, 
in  Henrico  County.  The  title  is  as  follows : 

1.  Deed  from  William  Slater  and  wife,  dated  July  29,  1867,  con- 
veying 3  acres  of  land.    Recorded  in  the  Clerk's  Office  of  the  Hen- 
rico County  Court,  January  20,  1868,  in  Book  No.  84,  page  21. 

Decree  of  Condemnation,  appraisement,  and  order  of  conveyance 
of  above  land  in  case  of  said  William  Slater  v.  The  United  States, 
in  the  District  Court  of  the  United  States  for  the  District  of  Vir- 
ginia. Rendered  June  7,  1867,  and  filed  with  the  record  of  the  cause 
in  the  Clerk's  Office  of  said  Court. 

2.  Deed  from  William  L.  Williams,  Trustee,  etc.,  et  al.,  dated  July 
10,  1868,  conveying  5  acres  of  land.    Recorded  in  Book  No.  85,  page 
326,  of  said  county  records. 

3.  Deed  from  the  Board  of  Supervisors  of  the  County  of  Henrico, 
dated  May  21,  1887,  conveying  a  strip  of  land  6,040  feet  in  length 
by  100  feet  in  width  for  a  road  and  right  of  way,  heretofore  vested 
in  said  Board  by  an  Order  of  the  County  Court  of  Henrico  County, 
entered  May  17,  1887,  in  condemnation  proceedings  instituted  in  said 
Court.     Deed  made  pursuant  to  an  Act  of  the  General  Assembly  of 
Virginia  entitled  "An  Act  to  authorize  the  Board  of  Supervisors  of 
the  County  of  Henrico,  Virginia,  to  convey  to  the  United  States  the 
right  of  way  for  a  certain  road,"  approved  May  6,  1887,  and  also  in 
pursuance  of  a  resolution  of  said  Board  entered  May  7,  1887.    Re- 


420  UNITED   STATES   MILITARY  KESERVATIONS,  ETC. 

corded  June  17,  1887,  in  said  county  records.  The  above-described 
road  acquired  under  and  by  virtue  of  an  Act  of  Congress,  approved 
February  28,  1887. 

4.  Deed,  dated  June  23,  1906,  from  George  Geffert,  conveying  1.74 
acres.  Eecorded  in  Book  177a,  page  300,  of  same  records. 

SEVEN    PINES    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  1.55  acres,  and  is  situated  at 
Seven  Pines,  about  8  miles  from  Richmond,  in  Henrico  County.  The 
title  is  as  follows: 

1.  Deed  from  Richard  Hilliard,  dated  April  24,  1867,  conveying 
1.3  acres  of  land.     Recorded  in  the  Clerk's  Office  of  the  Henrico 
County  Court  September  21,  1868,  in  Book  84,  page  501. 

2.  Deed   from   Richard   Hilliard,   dated   May   1,   1873,  conveying 
9,200  square  feet  of  land.     Recorded  in  Book  91,  page  446,  of  same 
records. 

3.  Deed  from  James  Kelly,  dated  September  8,  1875,  conveying 
1,380  square  feet  of  land.     Recorded  in  Book  96,  page  239,  of  same 
records. 

STAUNTON     NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  1.15  acres,  and  is  situated  at 
Staunton  in  Augusta  County.  The  title  is  as  follows : 

Deed  from  Nickolas  K.  Trout  and  wife,  et  al.,  dated  September  30, 
1868,  conveying  1.1463  acres  of  land.  Recorded  in  the  Clerk's  Office 
of  the  County  Court  of  Augusta  County,  May  22,  1869,  in  Book  No. 
84,  pages  459  and  460. 

License,  July  6,  1908,  to  J.  Lester  Hay  to  construct  crossing 
through  sidewalk  of  Government  roadway. 

WILLOUGHBY   SPIT. 

(Laud  at.) 
,  / 

This  reservation  contains  an  area  of  about  47  acres  of  land,  and 
two  rights  of  way,  each  50  feet  wide  and  containing  about  37,500 
square  feet,  and  is  situated  on  Willoughby  Spit  on  Willoughby  Bay, 
in  Norfolk  County.  The  title  is  as  follows : 

Decree  of  Condemnation,  etc.,  of  the  above  lands  and  rights  of  way 
in  a  certain  cause,  entitled  "  In  the  matter  of  the  acquisition  by  the 
United  States  of  America  of  certain  land  in  the  County  of  Norfolk, 
State  of  Virginia,  for  the  site,  location,  construction  and  prosecution 
of  works  for  fortifications  and  coast  defences,"  in  the  Circuit  Court 
of  the  United  States  for  the  Eastern  District  of  Virgina.  Decree 
rendered  October  16,  1891 ;  made  final  November  16.,  1891,  and  filed 
with  the  record  of  said  cause  in  the  Clerk's  Office  of  said  Circuit 
Court.  Decree  also  recorded  in  the  Clerk's  Office  of  the  Norfolk 
County  Court,  November  23, 1891.  (See  Deed  Book  No.  168,  pp.  530 
to  534,  inclusive.) 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature  approved  February  29,  1892,  which  act  is  as  follows: 

"  Whereas  it  has  been  represented  to  the  general  assembly  of  Vir- 
ginia that  the  United  States  have  acquired  title  to  a  tract  of  land  at 


VIRGINIA. 

Willoughby  Spit,  in  the  County  of  Norfolk,  embracing  about  fifty 
acres  of  land,  for  the  purpose  of  locating,  constructing  and  prose- 
cuting works  for  fortifications  and  coast  defences;  Therefore, 

"1.  Be  it  enacted  ~by  the  general  assembly  of  Virginia,  That  the 
consent  of  this  Commonwealth  be,  and  is  hereby,  given  to  the  acqui- 
sition of  said  title,  and  jurisdiction  is  hereby  ceded  over  the  said  tract 
of  land  to  the  government  of  the  United  States,  so  that  Congress  and 
the  authorities  of  the  federal  government  shall  ha*ve  all  lawful  power 
and  control  over  the  same,  as  is  specified  in  the  seventeenth  clause  of 
the  eighth  section  of  the  first  article  of  the  Constitution  of  the  United 
States. 

"  2.  This  state  retains  jurisdiction  over  the  said  tract  of  land  in  all 
matters  relating  to  the  violation  of  the  laws  of  the  state,  to  the  exe- 
cution and  service  of  all  processes  issued  by  or  from  the  courts,  mag- 
istrates or  other  officers  of  the  State  in  pursuance  of  law,  and  in  all 
other  matters  not  incompatible  with  the  consent  herein  given  and  the 
rightful  authority  of  the  United  States  thereby  acquired  or  to  be 
acquired  under  this  act. 

"  3.  The  said  land  and  privileges  hereby  ceded,  and  the  fortifica- 
tions, buildings  and  structures  which  may  be  erected  thereon  by  the 
United  States  government,  are  hereby  exempted  from  all  taxation  so 
long  as  the  same  shall  be  held  and  used  by  the  United  States  for  the 
purpose  hereinbefore  mentioned,  and  no  longer. 

"  4.  Should  the  property  herein  granted  be  used  for  any  other  pur- 
poses than  those  specified  herein  by  the  United  States  government,  or 
under  its  authority,  then  the  same  shall  be  subject  to  taxation  as 
other  property  in  this  State. 

"  5.  This  act  shall  be  in  force  from  its  passage."  (Acts  of  Assem- 
bly, Va.,  1891-2,  p.  739.) 

Revocable  Licenses:  License,  August  5,  1896,  to  the  Norfolk,  Wil- 
loughby Spit  and  Old  Point  Railroad  Company  to  construct,  main- 
tain and  operate  an  electric  railway  as  an  extension  to  the  existing 
electric  railroad  from  Norfolk  to  Ocean  View. 

License,  March  23,  1907,  to  The  Norfolk  County  Water  Co.  for 
8-inch  water  main  across  reservation. 

WINCHESTER    NATIONAL   CEMETERY. 

This  reservation  has  an  area  of  4.89  acres,  and  is  situated  at  Win- 
chester, in  Frederick  County.  The  title  is  as  follows : 

Deed  from  Jacob  Baker,  dated  December  1,  187t),  conveying  nearly 
5  acres  of  land.  Recorded  in  the  Office  of  the  Clerk  of  the  corpora- 
tion of  Winchester,  May  15,  1872,  in  Book  13,  pages  478  to  481. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  March  31,  1875,  for  which  act  see  under  title 
"  Hampton  National  Cemetery." 

FORT   WOOL. 

This  fort  is  situated  at  the  Rip  Raps.  (See  "  Fort  Monroe  "  for 
title.) 

Revocable  License:  License,  October  30,  1897,  to  the  Southern 
States  Telephone  Company  to  land  its  cable  on  the  east  side  of  the 
Rip  Raps  and  extend  it  across  the  reservation  to  the  cable  on  the 
west  side. 


422  UNITED  STATES  MILITARY  RESEKVATIONS,  ETC. 


YORKTOWN    MONUMENT. 


This  reservation  contains  an  area  of  about  10.34  acres,  and  is  situ- 
ated at  Yorktown,  in  York  County.  The  title  is  as  follows : 

Deed  from  William  W.  Old,  Special  Commissioner,  dated  October 
19,  1881,  conveying  the  above  land.  Recorded  in  the  Clerk's  Office  of 
the  York  County  Court,  June  15,  1882,  in  Deed  Book  20,  page.  9. 

The  foregoing  deed  made  in  accordance  with  a  Decree,  entered  on 
the  29th  day  of  June,  1880,  by  the  Chancery  Court  of  the  City  of 
Richmond,  in  the  cause  wherein  The  Dismal  Swamp  Land  Company 
and  others  were  plaintiffs  and  Robert  Anderson's  personal  repre- 
sentatives and  others  defendants.  Sale  ordered  and  Wm.  W.  Old  ap- 
pointed Special  Commissioner  to  convey  said  land.  Decree  recorded 
in  the  Office  of  the  Clerk  of  said  Court  at  Richmond,  and  a  copy  in 
the  Office  of  the  Clerk  of  the  York  County  Court  at  Yorktown. 

Jurisdiction  was  ceded  to  the  United  States  by  an  act  of  the  State 
Legislature,  approved  April  21,  1882,  which  act  provides  as  follows: 

"  1.  Be  it  enacted,  etc.,  That  the  consent  of  the  State  be,  and  the 
same  is  hereby  given,  to  the  purchase  by  the  government  of  the  United 
States,  or  under  the  authority  of  the  same,  of  a  certain  tract  of  land 
at  the  town  of  York,  in  the  said  State  of  Virginia,  for  the  purpose  of 
the  erection  thereon  by  the  United  States  of  a  monument  to  commem- 
orate the  surrender  of  Lord  Cornwallis  and  his  forces  to  the  allied 
army,  commanded  by  General  George  Washington,  in  October,  seven- 
teen hundred  and  eighty-one;  the  metes  and  bounds  of  the  said  tract 
being  as  follows,  namely :  [Here  describes  lands]  containing  ten  acres 
and  thirty-four  hundredths  of  an  acre,  more  or  less. 

"  2.  The  aforesaid  consent  is  given,  subject  to  the  following  terms 
and  conditions,  namely:  All  deeds,  conveyances  of  title,  papers  for 
the  same,  shall  be  recorded  as  in  other  cases  upon  the  land  record  of. 
the  County  in  which  the  aforesaid  tract  shall  lie,  and  in  like  manner 
shall  be  recorded  a  sufficient  description  of  the  aforesaid  tract  by  its 
proper  metes  and  bounds,  this  consent  being  in  accordance  with  the 
seventeenth  clause  of  the  eighth  section  of  the  first  article  of  the  Con- 
stitution of  the  United  States,  and  with  the  acts  of  Congress  in  such 
cases  made  and  provided.  The  State  of  Virginia  retains  concurrent 
jurisdiction  with  the  United  States  over  the  aforesaid  tract,  so  that 
courts,  magistrates,  and  officers  of  the  State  may  take  such  cognizance, 
execute  such  process,  and  discharge  such  other  legal  functions  within 
the  aforesaid  tract  as  may  not  be  incompatible  with  the  consent 


^ 

"  3."  The  tract  as  above  described,  together  with  the  tenements  and 
appurtenances  for  the  purposes  before  mentioned,  shall  be  held  exempt 
from  taxation. 

"  4.  This  act  shall  be  in  force  from  its  passage."  (See  Code  of  Va., 
1904,  sec.  15.) 


YORKTOWN  NATIONAL  CEMETERY. 


This  reservation  contains  an  area  of  3  acres,  and  is  situated  at 
Yorktown,  in  York  County.  The  title  is  as  follows  : 

1.  Deed  from  Frederick  W.  Power  and  wife,  dated  March  10,  1868, 
conveying  2.721  acres  of  land.  Recorded  in  the  Clerk's  Office,  York 
County  Court,  October  19,  1868,  in  Deed  Book  IT,  page  180. 


WASHINGTON.  423 

Decree  of  Condemnation  for  same  land  rendered  in  the  District 
Court  of  the  United  States  for  the  Eastern  District  of  Virginia,  and 
recorded  in  the  Clerk's  Office  with  said  cause  at  Richmond,  and  also 
as  above  in  the  Clerk's  Office  of  the  York  County  Court. 

2.  Deed  from  Lot  Wolf  and  wife,  et  al.,  dated  February  8,  1875, 
conveying  8  feet  of  land  on  the  North,  East,  and  South  sides  of  the 
Cemetery.  Recorded  in  Book  18,  page  — ,  of  same  records. 

Decree  of  Condemnation  of  same  land  rendered  and  made  final  May 
4,  1875,  in  the  District  Court  of  the  United  States  for  the  Eastern 
District  of  Virginia,  and  recorded  in  the  Clerk's  Office  of  said  Court 
at  Richmond,  and  also  as  above  in  the  Clerk's-  Office  of  the  York 
County  Court. 

WASHINGTON. 

GENERAL  ACTS  OF  CESSION. 

"SECTION  1.  That  the  consent  of  the  Legislature  of  the  State  of 
Washington  be  and  the  same  is  hereby  given  to  the  purchase,  by  the 
Government  of  the  United  States  or  under  the  authority  of  the  same, 
of  any  tract,  piece  or  parcel  of  land  from  any  individual  or  indi- 
viduals, bodies  politic  or  corporate,  within  the  boundaries  of  the 
State,  for  the  purpose  of  erecting  and  maintaining  thereon  armories, 
arsenals,  fortifications,  magazines,  navy-yards,  dock-yards,  custom- 
houses, light-houses  and  other  needful  public  buildings  or  establish- 
ments whatsoever;  the  consent  herein  and  hereby  given  being  in 
accordance  with  the  provisions  of  the  seventeenth  clause  of  the  eighth 
section  of  the  first  article  of  the  Constitution  of  the  United  States, 
and  with  the  acts  of  Congress  in  such  cases  made  and  provided.  And 
like  consent  of  the  legislature  of  the  State  of  Washington  is  hereby 
given  in  the  cases  of  all  such  tracts  or  parcels  of  land  as  have  been 
heretofore  purchased  by  the  government  of  the  United  States,  or 
which  have  been  or  may  hereafter  be  reserved  by  the  said  government, 
out  of  any  public  land  belonging  to  the  United  States,  for  any  of  the 
purposes  before  mentioned:  Provided,  That  a  sufficient  description 
by  metes  and  bounds  and  an  accurate  plat  or  map  of  each  such  tract 
or  parcel  of  land  be  filed  in  the  proper  Office  of  record  in  the  county 
in  which  the  same  is  situated;  together  with  copies  of  the  orders, 
deeds,  patents  or  other  evidences  in  writing  of  the  title  of  the  United 
States :  And  provided  further,  That  all  civil  process  issued  from  the 
courts  of  this  State,  and  such  criminal  process  as  may  issue  under  the 
authority  of  this  State  against  any  person  charged  with  crime,  in 
cases  arising  outside  of  such  purchases  or  reservations,  may  be  served 
and  executed  thereon  in  the  same  mode  and  manner  and  by  the  same 
officers  as  if  the  consent  herein  given  had  not  been  made." 

(Act  approved  January  23, 1890.  Pierce's  Washington  Code,  1905, 
sec.  8900.) 

"  SECTION  1.  That  the  consent  of  the  State  of  Washington  be,  and 
the  same  is  hereby,  given  to  the  acquisition,  by  purchase  or  by  condem- 
nation, under  the  laws  of  this  State  relating  to  the  appropriation  of 
private  property  to  public  uses,  by  the  United  States  of  America,  or 
under  the  authority  of  the  same,  of  any  tract,  piece,  or  parcel  of  land, 
from  any  individual  or  individuals,  bodies  politic  or  corporate,  within 
the  boundaries  or  limits  of  this  State,  for  the  sites  of  locks,  dams, 


424  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

« 

piers,  breakwaters,  keepers'  dwellings,  and  other  necessary  structures 
and  purposes  required  in  the  improvement  of  the  rivers  and  harbors 
of  this  State  or  bordering  thereon,  or  for  the  sites  of  forts,  magazines, 
arsenals,  docks,  navy -yards,  naval  stations,  or  other  needful  buildings 
authorized  by  any  act  of  Congress,  and  all  deeds,  conveyances  of  title 
papers  for  the  same  shall  be  recorded,  as  in  other  cases,  upon  the  land 
records  of  the  County  in  which  the  land  so  acquired  may  lie,  and  in 
like  manner  may  be  recorded  a  sufficient  description  by  metes  and 
bounds,  courses  and  distances,  of  any  tract  or  tracts,  legal  divisions 
or  subdivisions  of  any  public  land  belonging  to  the  United  States 
which  may  be  set  apart  by  the  general  government  for  any  or  either 
of  the  purposes  before  mentioned  by  an  order,  patent,  or  other  official 
document  or  papers  describing  such  land;  the  consent  herein  and 
hereby  given  being  in  accordance  with  the  seventeenth  clause  of  the 
eighth  section  of  the  first  article  of  the  Constitution  of  the  United 
States,  and  with  the  acts  of  Congress  in  such  cases  made  and  pro- 
vided, and  the  jurisdiction  of  this  State  is  hereby  ceded  to  the  United 
States  of  America  over  all  such  land  or  lands  as  may  have  been  or 
may  be  hereafter  acquired  by  purchase  or  by  condemnation,  or  set 
apart  by  the  general  government  for  any  or  either  of  the  purposes 
before  mentioned :  Provided,  That  this  State  shall  retain  a  concurrent 
jurisdiction  with  the  United  States  in  and  over  all  tracts  so  acquired 
or  set  apart  as  aforesaid,  so  far  as  that  all  civil  and  criminal  process 
that  may  issue  under  the  authority  of  this  State  against  any  person 
or  persons  charged  with  crimes  committed,  or  for  any  cause  of 
action  or  suit  accruing  without  the  bounds  of  anv_  such  tract,  may  be 
executed  therein  in  the  same  manner  and  with  like  effect  as  though 
this  consent  and  cession  had  not  been  granted. 

"  SEC.  2.  The  tracts,  pieces  or  parcels  of  land  so  acquired  or  set 
apart,  together  with  the  tenements  and  appurtenances  for  the  pur- 
poses before  mentioned,  shall  be  held  exempt  from  taxation  by  the 
State  of  Washington."  (Act  approved  February  24,  1891.  Pierce's 
Washington  Code,  1905,  sees.  8901-2.) 

"SECTION  1.  The  consent  of  the  State  of  Washington  is  hereby 
given  to  the  exercise  by  the  Congress  of  the  United  States  of  exclu- 
sive legislation  in  all  cases  whatsoever  over  such  tract  or  parcels  of 
land  as  are  now  held  or  reserved  by  the  government  of  the  United 
States  for  the  purpose  of  erecting  or  maintaining  thereon  forts,  maga- 
zines, arsenals,  dockyards,  light-houses,  and  other  needful  buildings, 
in  accordance  with  the  provisions  of  the  seventeenth  paragraph  of  the 
eighth  section  of  the  first  article  of  the  Constitution  of  the  United 
States;  provided,  that  a  sufficient  description  by  metes  and  bounds, 
and  an  accurate  plat  or  map  of  each  such  tract  or  parcel  of  land  be 
filed  in  the  proper  office  of  record  in  the  County  in  which  the  same  is 
situated,  together  with  copies  of  the  orders^  deeds,  patents,  or  other 
evidences  in  writing  of  the  title  of  the  United  States ;  and  provided, 
that  all  civil  process  issued  from  the  courts  of  this  State,  and  such 
criminal  process  as  may  issue  under  the  authority  of  this  State, 
against  any  person  charged  with  crime  in  cases  arising  outside  of  such 
reservations,  may  be  served  and  executed  thereon  in  the  same  mode 
and  manner  and  by  the  same  officers  as  if  the  consent  herein  given  had 
not  been  made."  ( Section  1  of  Article  25  of  the  Constitution  of  the 
State  of  Washington.) 


WASHINGTON.  425 

GENERAL  GRANT  OF  ADJACENT  TIDE  LANDS. 

"  SECTION  1.  That  the  use  of  any  tide-lands  belonging  to  the  State 
of  Washington,  and  adjoining  and  bordering  on  any  tract,  piece  or 
parcel  of  land  held  or  reserved  by  the  government  of  the  United 
States  for  the  purpose  of  erecting  and  maintaining  thereon  forts, 
magazines,  arsenals,  dock  yards  and  other  needful  buildings,  be  and 
the  same  is  hereby  granted  to  the  United  States  so  long  as  the  upland 
adjoining  such  tide-lands  shall  continue  to  be  held  by  the  government 
of  the  United  States  for  any  of  the  public  purposes  above  men- 
tioned. Provided,  That  this  grant  shall  not  extend  to  include  any 
lands  covered  by  more  than  four  fathoms  of  water  at  ordinary  low 
tide:  And  provided  further,  That  whenever  the  government  of  the 
United  States  shall  cease  to  hold  for  public  purposes  any  such  tract, 
piece  or  parcel  of  land,  the  use  of  the  tide-lands  bordering  thereon 
shall  revert  to  the  State  of  Washington."  (Act  approved  March  20, 
1890.  Pierce's  Washington  Code,  1905,  sec.  8903.) 

FORT  CANBY    (CAPE  DISAPPOINTMENT). 

This  reservation  contains  an  area  of  about  588.20  acres,  is  situated 
in  Pacific  County,  and  includes  all  the  land  on  Cape  Disappointment 
(also  called  Cape  Hancock)  on  the  northern  side  of  the  mouth  of  the 
Columbia  River,  lying  south  of  an  east  and  west  subdivisional  line, 
which  line  lies  20  chains  south  of  the  Township  line  between  Town- 
ships 9  and  10  North,  Range  11  West,  Willamette  Meridian.  The 
Light- House  reservation  (embraced  within  these  limits),  set  apart  by 
the  President  December  27, 1859,  includes  the  whole  of  Lot  No.  4,  Sec- 
tion 9,  of  said  Township,  and  contains  48  acres,  which  being  deducted 
leaves  the  military  reservation  as  first  above  stated.  March  7,  1895, 
the  Secretary  of  War  approved  the  request  that  the  Treasury  De- 
partment be  permitted  to  use  a  tract  100  feet  square  for  life-saving 
purposes.  The  title  is  as  follows : 

Forming  a  part  of  the  public  domain,  it  was  reserved  and  set  apart 
for  military  purposes  by  Executive  Order  dated  February  26,  1852, 
afterwards  modified  by  order  dated  January  15,  1863.  Name  of  post 
changed  from  "  Fort  Cape  Disappointment "  to  "  Fort  Canby "  by 
G.  O.  No.  5,  A.  G.  O.,  January  28,  1875. 

Jurisdiction  was  ceded  to  the  United  States  by  Section  1  of  Article 
25  of  the  Constitution  of  the  State  of  Washington,  as  set  out  under 
the  title  "  General  Acts  of  Cession." 

CANOE    ISLAND. 

This  reservation  contains  an  area  of  43.1'0  acres,  and  is  situated  in 
San  Juan  County,  in  the  Haro  Archipelago,  in  what  is  called  Upright 
Channel.  The  reservation  includes  the  whole  Island,  its  boundaries 
being  limited  by  the  meanderings  or  indentations  of  the  shore  line  at 
mean  low-water  mark.  The  title  is  as  follows : 

Formerly  a  part  of  the  public  domain,  it  was  reserved  and  set  apart 
for  military  purposes  by  Executive  Order  dated  July  2,  1875. 

For  jurisdiction  see  Section  1,  Article  25,  Constitution  of  the  State 
of  Washington,  and  act  of  the  State  Legislature  approved  February 
24,  1891,  under  the  title  "  General  Acts  of  Cession." 


426  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

See  Lopez  Island  (southwest  portion)  for  license  to  Inter-Island 
Telephone  Company. 

FORT  CASEY. 

This  reservation  is  situated  on  Admiralty  Head,  along  the  waters 
of  Admiralty  Inlet,  in  Island  County,  and  comprises  a  main  reserva- 
tion containing  (exclusive  of  land  under  Crockett's  Lake)  about 
421.35  acres ;  and  additions  for  water  supply  aggregating  9G.88  acres. 
Included  in  the  main  reservation  are  two  parcels,  aggregating  2.58 
acres,  transferred  to  the  Treasury  Department  July  31,  1899,  and 
January  23,  1902,  for  Light-house  reservation,  under.  Act  of  Congress 
of  March  3,  1899  (30  Stat.  L.,  1250) ;  the  metes  and  bounds  of  which 
are  described  in  G.  O.  80  of  June  4,  1903. 

The  metes  and  bounds  of  the  main  reservation,  except  the  tracts 
conveyed  by  deeds  Nos.  5  to  9,  infra,  are  given  in  G.  O.  195,  W.  D., 
September  17,  1907;  and  the  metes  and  bounds  of  the  additions  for 
water  supply  are  given  in  G.  O.  29,  W.  D.,  February  4,  1904,  and 
G.  O.  199,  W.  D.,  November  25,  1905. 

The  title  is  as  follows: 

1.  Deed  from  John  C.  Kellogg,  et  al.,  dated  March  9,  1897,  con- 
veying 10  acres.     Recorded  in  Vol.  20,  page  171,  etc.,  of  the  deed 
records  of  Island  County.     The  above  deed  being  for  the  purpose  of 
correcting  error  in  previous  deed  to  same  property,  dated  December 
24,  1858. 

The  above  10  acres  were  transferred  by  the  Treasury  Department, 
on  July  31,  1899,  in  exchange  for  two  parcels  of  land,  parts  of  the 
Fort  Casey  Reservation,  aggregating  2.58  acres,  and  a  right  of  way 
to  and  from  said  tracts.  Transfer  made  pursuant  to  Act  of  Con- 
gress, approved  March  3,  1899.  On  September  13,  1902,  one  of  the 
tracts  above  mentioned,  being  a  square  of  150  feet,  was  transferred 
back  by  the  Treasury  Department,  in  exchange  for  another  parcel  of 
approximately  the  same  area. 

2.  Deed  from  John  C.  Kellogg,  dated  April  20,  1897,  conveying 
123  acres.     Recorded  in  Vol.  20,  page  119,  of  same  records.     The 
purchase  of  the  above  tract  was  authorized  by  the  Secretary  of  War, 
October  26,  1896. 

3.  Deed  from  Albert  H.  Kellogg  and  wife,  dated  January  18,  1899, 
conveying  27  acres.     Recorded  in  Vol.  20,  page  279,  of  same  records. 

4.  Decree  of  Condemnation  for  221.55  acres,  in  a  cause  entitled 
"The  United  States  v.  Susan  H.  Hancock  et  al.,"  in  the  United 
States  District  Court  for  the  District  of  Washington.     Rendered 
July  30,  1901,  and  filed  in  the  Clerk's  Office  of  said  Court,  August  3, 
1901. 

5.  Deed  from  Sabine  Abbott,  et  ux.,  dated  March  2,  1907,  convey- 
ing 4.347  acres,  acquired  for  site  for  secondary  stations.     Recorded 
in  Vol.  22,  page  270,  of  same  records. 

6.  Deed  from  Bertha  S.  Jenne,  individually  and  as  executrix  of 
Jacob  Jenne,  dated  August  29,  1908,  conveying  79  acres,  on  the  north 
of  the  reservation,  forming  one  tract  with  the  4.347  acres  acquired 
by  deed  No.  5  supra.    Recorded  in  Vol.  25,  page  279,  of  same  records. 

7.  Deed  from  Luther  Weedin,  dated  June  3,  1907,  conveying  cer- 
tain blocks  in  the  town  of  Brooklyn  as  site  for  fire-control  stations, 
aggregating,  including  streets,  etc.,  about  10  acres.    Recorded  in  VoL 
24,  page  3195  of  same  records. 


WASHINGTON.  427 

8.  Quitclaim  deed  from  A.  D.  Blowers,  et  ux.,  dated  June  20,  1907. 
covering  block  18  conveyed  by  deed  No.  7,  supra.    Kecorded  in  Vol. 
23,  page  257,  of  same  records. 

9.  Quitclaim  deed  from  H.  L.  Tebbals,  et  ux.,  dated  June  25,  1907, 
covering  block  18  conveyed  by  deed  No.  7,  supra.    Recorded  in  Vol. 
23,  page  258,  of  same  records. 

Additions  for  water  supply. 

10.  A  tract  of  66  acres,  for  purposes  of  water  supply,  located  in 
Section  6,  Township  30  North,  and  Section  31,  Township  31  North, 
both  in  Range  2  East,  was  acquired  by  decree  of  the  United  States 
District  Court,  for  the  District  of  Washington,  rendered  August  18, 
1903;  recorded  in  volume  17,  page  564,  et  seq..  Misc.  Records  of 
Island  County. 

The  following  deeds  cover  right  of  way  for  water  pipe-line  from 
said  tract  to  the  main  reservation : 

(a)  Deed  from  Christian  Kaehler  and  wife,  dated  August  18, 1903. 
Recorded  in  vol.  21,  pages  431-432,  Deed  Records  of  Island  County. 

(5)  Deed  from  Alexander  Rosenfield  and  wife,  dated  August  24, 
1903.  Recorded  in  vol.  21,  pages  488-489,  same  records. 

(c)  Deed  from  Elizabeth  Trenholm,  widow,  dated  August  27,  1903. 
Recorded  in  vol.  21,  pages  434-435,  same  records. 

(d)  Deed  from  Rosalie  L.  Morris  and  husband,  dated  August  29, 
1903.     Recorded  in  vol.  21,  page  443,  same  records. 

(e)  Deed  from  Howard  B.  Lovejoy  and  wife,  dated  September  19, 
1903.     Recorded  in  vol.  21,  pages  441-442,  same  records. 

(/)  Deed  from  J.  A.  Baker,  et  al.,  dated  September  19,  1903.  Re- 
corded in  vol.  21,  pages  440-441,  same  records. 

(g)  Deed  from  Board  of  County  Commissioners  of  Island  County, 
dated  October  8,  1903.  Recorded  in  vol.  21,  page  436,  same  records. 

(h)  Deed  from  W.  St.  George  Elliott  and  wife,  dated  October  17, 

1903.  Recorded  in  vol.  21,  pages  433-434,  same  records. 

(i)  Deed  from  The  Kineth  Company,  dated  August  25,  1903.  Re- 
corded in  vol.  23,  page  26,  Misc.  Records. 

(j)  Deed  from  Matilla  L.  Crockett,  et  al.,  dated  August  3,  1904. 
Recorded  in  vol.  21,  page  538,  deed  records. 

11.  Deed   from  William  Hampton  and  wife,  dated  October  26, 

1904,  conveying  30.88  acres  in  section  14,  township  31  north,. range  1 
east.     Recorded  in  vol.  19,  page  434,  of  same  records. 

RIGHT  OF  WAY  FOR  SEWER. 

Deed  from  William  Hampton  and  wife,  dated  January  31,  1906, 
covering  sewer  and  drain,  in  consideration  of  license,  dated  January 
9,  1906,  for  water  supply  from  the  Government  water  main — the  ease- 
ment to  terminate  in  the  event  of  the  revocation  of  the  license. 

Jurisdiction  was  ceded  to  the  United  States  by  Acts  of  the  State 
Legislature  approved  January  23,  1890,  and  February  24,  1891,  as  set 
out  under  the  title  "  General  Acts  of  Cession." 

Revocable  Licenses:  License,  June  18,  1900,  to  Sunset  Telephone 
Company  to  plant  telephone  poles  within  the  limits  of  the  reservation. 

License,  January  9,  1906,  to  William  Hampton  for  water  main 
connecting  his  residence  with  Government  supply  and  to  use  suffi- 


428  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

cient  water  for  household  purposes.     See  deed  from  William  Hamp- 
ton, ante. 

CHALLAM    POINT. 

This  reservation  is  situated  in  Jefferson  County,  in  Township  30 
North,  Kange  2  West,  on  the  west  side  of  the  entrance  to  Port  Dis- 
covery. 

It  was  declared  by  Executive  Order  dated  September  22,  I860. 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  547.7  acres. 

For  jurisdiction  see  Section  1,  Article  25,  Constitution  of  the  State 
of  Washington,  and  act  of  the  State  Legislature  approved  February 
24,  1891,  under  title  "  General  Acts  of  Cession." 

CHALLAM    POINT. 
(Land  opposite  to.) 

This  reservation  is  situated  in  Jefferson  County,  in  Township  30 
North,  Ranges  1  and  2  West,  opposite  Challam  Point  on  the  east 
side  of  the  entrance  to  Port  Discovery. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  302.75  acres. 

For  jurisdiction  see  Section  1,  Article  25,  Constitution  of  the  State 
of  Washington,  and  act  of  the  State  Legislature  approved  February 
24,  1891,  under  title  "  General  Acts  of  Cession." 

FORT  COLUMBIA. 

This  reservation  contains  an  area  of  729.35  acres,  and  is  situated  at 
Chinook  Point,  in  Pacific  County,  on  the  north  bank  of  the  Columbia 
River,  being  a  part  of  Sections  15,  16,  17,  21  and  22,  in  Township  9 
North,  Range  10  West.  The  title  is  as  follows: 

1.  Deed  from  Henry  K.  Stevens,  Administrator,  etc.,  dated  May  24, 
1864,  conveying  643.2  acres.     Recorded  in  Book  B,  folio  168,  etc.,  of 
the  deed  records  of  Pacific  County. 

2.  Quit-Claim  Deed  from  Solomon  B.  Preble  and  Mary  Preble,  his 
wife,  dated  March  7,  1864,  releasing  right  of  dower  held  by  Mary 
Preble  as  widow  of  Rocque  Ducheney.     Recorded  in  Book  B,  page 
170,  etc.,  of  same  records. 

3.  Deed  from  the  Northern  Pacific  Railroad  Company,  dated  July 
31,  1899,  conveying  Lots  1  and  2  of  sec.  15,  and  Lot  4  of  sec.  21,  con- 
taining 53.15  acres.     Recorded  in  Book  34,  page  209,  etc.,  of  same 
records. 

4.  Executive  Order  dated  May  8,  1899,  setting  apart  for  military 
purposes,  Lot  9,  sec.  22,  containing  33  acres. 

For  jurisdiction  see  Act  of  the  State  Legislature  approved  January 
23,  1890,  as  set  out  under  title  "  General  Acts  of  Cession." 

Easements :  By  instrument,  dated  April  13, 1907,  under  Act  of  Con- 
gress approved  February  25,  1907  (G.  O.  45,  W.  D.,  1907),  the  Secre- 
tary of  War  approved  and  authorized  the  construction  by  the  Colum- 
bia Valley  Railroad  Company  of  a  railway  crossing  the  reservation 
by  a  tunnel  under  the  post. 


WASHINGTON.  429 

By  instrument  dated  November  15,  1909,  under  Act  of  Congress 
approved  July  5,  1884  (23  Stat.  L.,  103),  authority  was  given  for  the 
extension  of  a  county  road  across  the  reservation. 

Revocable  Licenses:  License,  September  7,  1904,  to  Lum  On  to  con- 
duct a  laundry  upon  the  reservation,  formerly  conducted  by  him 
under  permission  of  the  post  commander. 

License,  August  8,  1905,  to  the  Sunset  Telephone  Company  cover- 
ing use  of  two  cores  of  cable  between  Forts  Stevens  and  Columbia. 

License,  March  1,  1909,  to  S.  I.  Baseel  for  private  telephone  line. 

License,  February  19,  1909,  to  The  Ilwaco  Telephone  Company  for 
private  telephone  line. 

DECEPTION  PASS. 
(North  side  of.) 

This  reservation  is  situated  on  Fidalgo  Island,  in  Skagit  County, 
in  Township  34  North,  Range  1  East,  north  of  the  entrance  to  the 
pass,  and  includes  the  two  islands  in  the  pass. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in 
the  United  States.  Upon  final  designation  by  the  War  Department 
the  area  was  reduced  to  550  acres.  It  is  possible  that  this  latter  area 
may  be  still  further  reduced  by  excepting  tracts  found  to  have  been 
disposed  of  prior  to  the  date  of  the  above  order. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  the  act  of  the  State  Legislature  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Lease,  March  31,  1908,  to  State  Highway  Board  for  five  years  from 
April  1,  1908,  of  certain  portion  of  reservation. 

Revocable  License:  License,  March  10,  1898,  to  T.  J.  R.  Giles, 
keeper  of  the  stake  light,  to  use  for  agricultural  purposes  a  small 
parcel  of  land  (about  1J  acres)  now  under  fence,  in  the  northwest 
corner  of  the  reservation. 

DECEPTION  PASS. 
(South  side  of.) 

This  reservation  is  situated  on  Whidbey's  Island  in  Island  County, 
in  Township  34  North,  Range  2  East,  south  of  the  entrance  to  the 
pass. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  630  acres.  It  is  possible  that  this  latter  area  may 
be  still  further  reduced  by  excepting  tracts  found  to  have  been  dis- 
posed of  prior  to  the  date  of  the  above  order. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  State  Constitution 
of  Washington,  and  the  act  of  the  State  Legislature  approved  Feb- 
ruary 24,  1891,  for  which  see  "  General  Acts  of  Cession." 

DOUBLE  BLUFF. 

This  reservation  is  situated  on  the  southern  shore  of  Whidbey's 
Island,  in  Island  County,  being  fractional  sections  26,  27,  28,  and 
Lots  4  and  5,  Section  22,  of  Township  29  North,  Range  2  East,  oppo- 
site Foulweather  Point. 


430  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

It  was  declared  by  Executive  Order  dated  September  22,  1866, 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in  the 
United  States.  June  3,  1871,  by  final  designation  by  the  War  De- 
partment the  area  was  reduced  to  633.3  acres,  and  afterward  to  626.25 
acres.  It  is  possible  that  this  latter  area  may  be  still  further  reduced 
by  excepting  tracts  found  to  have  been  disposed  of  prior  to  the  date 
of  the  above  order. 

^  For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved  Feb- 
ruary 24, 1891,  under  the  title  "  General  Acts  of  Cession." 


FORT  FLAGLER. 


This  reservation  contains  910  acres,  and  certain  tide  lands,  situated 
at  Marrowstone  Point,  in  Jefferson  County.  The  title  is  as  follows : 

1.  It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 
United  States.     Upon  final  designation  by  the  War  Department,  the 
area  was  reduced  to  590  acres.     It  is  possible  that  this  latter  area  may 
be  still  further  reduced  by  excepting  tracts  found  to  have  been  dis- 
posed of  prior  to  the  date  of  the  above  order. 

2.  In  addition  to  the  above,  the  N.  \  of  the  SW.  J  of  Section  17, 
and  that  part  of  Lot  6  of  Section  18,  Township  30  North,  Eange  1 
East,  Willamette  Meridian,  not  embraced  in  the  order  of  September 
22,  1866,  was,  by  Executive  Order  dated  November  14,  1896,  added 
to  the  Marrowstone  Point  Reservation,  the  addition  being  estimated 
as  containing  an  area  of  58  acres. 

3.  Deed  from  George  Pitman  and  wife,  dated  November  24,  1896, 
conveying  the  SE.  |  of  SW.  J  and  the  E.  J  of  the  SW.  J  of  the  SW. 
\  of  Section  17,  Township  30  North,  Range  1  East,  containing  60 
acres.    Recorded  in  Vol.  36,  page  228,  of  the  deed  records  of  Jeffer- 
son County. 

4.  Deed  from  Ann  D.  Starrett  and  husband,  et  al.,  dated  July  2, 
1897,  conveying  Lots  3  and  4  and  SW.  |  of  NE.  J  and  W-  \  of  SE.  J 
of  Section  17,  Township  30  North,  Range  1  East,  containing  172  acres 
of  land.    Recorded  in  Vol.  47,  page  271,  of  same  records.    Deed  made 
in  accordance  with  a  Decree  of  Condemnation  for  said  land  in  the 
United  States  Circuit  Court  for  the  District  of  Washington,  North- 
ern Division,  wherein  the  United  States,  etc.,  were  plaintiffs  and  Ann 
D.  Starrett  et  al.  were  defendants.    Decree  made  final  June  2,  1897, 
and  filed  with  the  record  in  the  Clerk's  Office  of  said  Court. 

5.  Deed  from  the  State  of  Washington,  dated  February  16,  1899, 
conveying  two  tracts  of  tide  lands.    Recorded  in  Book  48,  page  255, 
of  same  county  records. 

Above  conveyance  made  in  accordance  with  the  provisions  of  an 
act  of  the  State  Legislature,  approved  March  20,  1890,  under  title 
kt  General  Grant  of  Adjacent  Tide  Lands." 

6.  Deed  from  Jacob  Jenne,  et.  ux.,  dated  January  17,  1907,  con- 
veying 25  acres.    Recorded  in  Vol.  58,  page  291,  of  same  records. 

1.  Deed  from  Jacob  Kuhn,  et  ux.,  dated  May  29,  1909,  conveying  5 
acres  near  and  adjoining  the  reservation,  required  as  a  site  for  search- 
light. Recorded  in  Vol.  62,  page  317,  of  same  records. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 


WASHINGTON.  431 

Revocable  Licenses:  License,  September  6,  1904,  to  Carl  Troiel  to 
occupy  a  small  log  building  upon  the  reservation,  heretofore  occu- 
pied under  permission  from  the  post  commander,  for  residential  and 
post-office  purposes. 

License,  September  6,  1904,  to  D.  B.  Weather  be  to  occupy  as  a 
residence,  the  house  erected  by  him  upon  the  reservation. 

License,  September  6,  1904,  to  Charley  Munn  to  conduct  laundry 
business  upon  the  reservation  heretofore  conducted  under  permission 
of  the  post  commander. 

License,  April  7,  1906,  to  The  Sunset  Telephone  and  Telegraph 
Company  for  telephone  line  for  private  telephone  service. 

License,  September  15,  1908,  to  The  Independent  Telephone  Co. 
for  telephone  service. 

FOULWEATHER  POINT. 

This  reservation  is  situated  in  Kitsap  County,  on  the  east  side  of 
the  entrance  to  Hoods  Canal,  in  Township  28  North,  Ranges  1  and 
2  East. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres,  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  485.5  acres. 

For  jurisdiction  see  Section  1,  Article  25,  Constitution  of  the  State 
of  Washington,  and  act  of  the  State  Legislature  approved  February 
24,  1891,  under  title  "  General  Acts  of  Cession." 

FORT    GEORGE   WRIGHT. 

This  reservation  contains  an  area  of  1,022.80  acres,  exclusive  of 
the  right  of  way  of  the  Seattle,  Lake  Shore  and  Eastern  Railroad, 
and  also  exclusive  of  the  right  of  way  of  the  St.  Paul,  Minneapolis 
and  Manitoba  Railroad  (Great  Northern),  and  is  situated  in  Spokane 
County,  near  the  City  of  Spokane. 

Name  changed  from  "  Fort  Wright "  to  "  Fort  George  Wright " 
by  G.  O.  97,  W.  D.,  1908. 

The  land  was  acquired  under  and  by  virtue  of  an  Act  of  Congress, 
approved  February  12,  1895.  The  title  is  as  follows : 

Deed  from  the  Spokane  and  Eastern  Trust  Company,  dated  Octo- 
ber 31,  1895,  conveying  by  metes  and  bounds  a  tract  containing  the 
above  acreage,  after  excepting  the  right  of  way  for  the  two  roads 
named.  Recorded  in  Vol.  41,  page  124,  of  the  deed  records  of 
Spokane  County. 

For  jurisdiction,  see  Acts  of  the  State  Legislature,  approved  Janu- 
ary 23,  1890,  and  February  24,  1891,  under  the  title  "  General  Acts 
of  Cession." 

Easements:  Act  of  Congress,  approved  March  2,  1897,  granted  a 
right  of  way  through  the  reservation  to  the  St.  Paul,  Minneapolis  and 
Manitoba  Railway  Company.  Location  approved  by  the  Secretary 
of  War,  March  3,  1897. 

Act  of  Congress,  approved  Januar}7  28,  1907,  authorized  the  Secre- 
tary of  War  to  locate  a  right  of  way  for  the  Spokane  and  Inland 
Empire  Railroad  Company.  Location  approved  July  22,  1908. 


432  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

The  public  has  an  easement  in  a  county  road,  extending  across  sec- 
tion 10  of  the  reservation,  which  existed  prior  to  the  acquisition  of 
the  tract  for  military  purposes. 

Revocable  Licenses:  License,  May  29,  1897,  to  Great  Northern  Rail- 
way Company,  for  a  spur  track  to  the  post. 

License,  June  12,  1905,  to  the  Washington  Water  Power  Company, 
for  an  electric  railway. 

License,  October  15,  1906,  to  Wm.  Hager,  teamster,  Q.  M.  D.,  to 
occupy  a  cottage  owned  by  him  on  the  reservation. 

License,  October  15,  1906,  to  Charles  E.  Coates,  engineman,  Q.  M, 
D.,  to  occupy  a  cottage  owned  by  him  on  the  reservation. 

License,  October  15,  1906,  to  G.  E.  Freeman,  blacksmith, 
Q.  M.  D.,  to  occupy  a  cottage  owned  by  him  on  the  reservation. 
Transfer  to  Archibald  H.  Lyon,  plumber,  Q.  M.  D.,  approved  June 
29,  1907. 

License,  December  2, 1908,  to  Ord.  Sgt.  Casper  Meyer,  U.  S.  A.,  and 
Ord.  Sgt.  B.  Coughlin,  U.  8.  A.,  retired,  to  lay  and  maintain  a  one- 
inch  water  pipe  to  connect  with  post  water  supply,  for  houses  owned 
by  them  off  the  reservation.  Licensees  to  pay  for  water  direct  to 
the  City  Water  Works  Company. 

GIG   HARBOR. 

This  reservation  contains  77.80  acres,  and  comprises  Lots  5  and  6  of 
section  5,  and  Lot  1  of  Section  8,  Township  21  North,  Range  2  East 
of  the  Willamette  Meridian,  containing  valuable  sand  and  gravel  de- 
posits. It  was  set  apart  for  military  purposes  by  Executive  Order, 
dated  April  3,  1901. 

For  jurisdiction  see  General  Acts  of  Cession. 

Lease  of  Gates  Lot,  dated  May  13,  1907,  to  Phil.  Brautigam  and 
wife,  for  five  years  from  May  1,  1907,  said  lot  containing  ten  acres, 
and  situated  in  the  northwest  corner  of  said  reservation. 

Lease,  March  16,  1909,  to  Lottie  Rowley,  for  five  years  from  April 
1,  1909,  of  remainder  of  reservation. 

GOOSE  ISLAND. 

This  reservation  contains  4  acres  and  includes  the  whole  of  the 
small  island  of  that  name  lying  in  the  Strait  of  San  Juan  de  Fuca,  off 
the  southeastern  point  of  San  Juan  Island,  in  the  South-East  quarter 
of  the  North-East  quarter  of  Section  8,  Township  34,  Range  2  West, 
Willamette  Meridian,  in  San  Juan  County.  The  title  is  as  follows: 

Formerly  a  part  of  the  public  domain,  it  was  reserved  and  set  apart 
for  military  purposes  by  Executive  Order  dated  January  9,  1889. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  the  title  "  General  Acts  of  Cession/' 

HOODS    HEAD. 

This  reservation  is  situated  in  Kitsap  County,  on  the  west  side  of 
the  entrance  to  Hoods  Canal,  in  Township  28  North,  Range  1  East. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 


WASHINGTON.  433 

United  States.     Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  614.25  acres.     The  present  area  is  43.25  acres. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  the  title  "  General  Acts  of  Cession." 

HOPE    ISLAND. 

This  reservation  comprises  two  small  islands  east  of  Deception 
Pass  in  Township  34  North,  Kange  2  East  of  the  Willamette  Merid- 
ian, and  contains  a  combined  area  of  200  acres.  It  was  set  apart  and 
declared  a  military  reservation  by  Executive  Order,  dated  September 
22,  1866. 

For  jurisdiction'see  "  General  Acts  of  Cession." 

Lease,  July  18,  1908,  to  George  L.  Andrews,  for  five  years  from 
August  1,  1908,  of  entire  reservation. 

FORT   LAWTON. 

This  reservation  is  situated  at  Magnolia  Bluff,  near  the  City  of 
Seattle,  and  comprises  an  area  of  about  640  acres,  exclusive  of  the 
tide  lands  and  harbor  acres,  with  metes  and  bounds  as  given  in  G.  O. 
No.  120,  W.  D.,  June  3,  190T.  The  lands  were  donated  to  the  Gov- 
ernment by  the  city  of  Seattle,  under  Act  of  Congress,  of  March  2, 
1895,  and  conveyed  by  deeds  as  follows: 

1.  Deed  from  John  Sullivan,  dated  October  14,  1896,  conveying 
160  acres.     Recorded  in  Vol.  215,  page  240,  of  the  deed  records  of 
King  County. 

2.  Deed  from  the  State  of  Washington,  dated  June  2,  1897,  con- 
veying certain  tide  lands.    Recorded  in  Vol.  221,  page  273,  of  same 
records. 

3.  Deed   from   Christian   Scheuerman  and  wife,  dated   June   14, 
1897,  conveying  1.51  acres.    Recorded  in  Vol.  222,  page  349,  of  same 
records. 

4.  Deed  from  Anna  Sophia  Brygger,  dated  June  26,  1897,  convey- 
ing a  strip  of  land  for  a  roadway.    Recorded  in  Vol.  222,  page  358, 
of  same  records. 

5.  Deed  from  Ole  Schillestad  and  wife,  dated  June  26,  1897,  con- 
veying a  strip  of  land  for  a  roadway.     Recorded  in  Vol.  222,  page 
361,  of  same  records. 

6.  Deed  from  Gustaf  Anderson,  dated  June  26,  1897,  conveying  a 
strip  of  land  for  a  roadway.    Recorded  in  Vol.  222,  page  363,  of  same 
records. 

7.  Deed  from  C.  F.  Anderson  and  wife,  dated  June  26,  1897,  con- 
veying a  strip  of  land  for  a  roadway.    Recorded  in  Vol.  222,  page 
365,  of  same  records. 

8.  Deed  from  Thomas  W.  Prosch  and  wife,  dated  June  29,  1897, 
conveying  ten  tracts  of  land,  containing  in  the  aggregate  310.87  acres. 
Recorded  in  Vol.  222,  page  352,  of  same  records. 

9.  Deed  from  Thomas  W.  Prosch  and  wife,  dated  June  29,  1897, 
conveying  20.1   acres.     Recorded  in  Vol.  222,  page  355,  of  same 
records. 

10.  Quit-Claim  Deed  from  The  Smith  Cove  Land  Company,  dated 
July  15,  1897,  conveying  a  strip  of  land  for  a  roadway.     Recorded  in 
Vol.  220,  page  358,  of  same  records. 

16809—10 28 


434  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

11.  Deed  from  the  State  of  Washington,  elated  July  17,  1897,  con- 
veying certain  tide  lands.    Recorded  in  Vol.  220,  page  357,  of  same 
records. 

12.  Deed  from  Albert  T.  Bornan,  dated  July  26,  1897,  conveying 
2.50  acres.     Recorded  in  Vol.  155,  page  280,  of  same  records.     The 
above  deed  was  executed  for  the  purpose  of  correcting  the  name  of 
the  grantee  in  a  previous  deed  by  me  same  party,  dated  July  22, 1897. 

13.  Deed  from  King  County,  dated  July  29,  1897,  conveying  sev- 
eral tracts  of  land,  containing  in  the  aggregate  150.40  acres.     Re- 
corded in  Vol.  220,  page  435,  of  same  records.    The  above  deed  was 
executed  for  the  purpose  of  correcting  the  name  of  the  grantee  in  a 
previous  deed  by  the  same  party,  dated  July  19,  1897. 

14.  Deed  from  Lena  Graham,  dated  July  28,  1897,  conveying  2.41 
acres.    Recorded  in  Vol.  215,  page  340,  of  same  records. 

15.  Deed  from  Lena  Graham,  dated  July  28,  1897,  conveying  3.05 
acres.     Recorded  in  Vol.  222,  page  467,  of  same  records. 

16.  Deed  from  Sussanne  Scheuerman,  dated  July  28,  1897,  convey- 
ing 10.73  acres.     Recorded  in  Vol.  222,  page  464,  of  same  records. 

17.  Deed  from  Anna  E.  Ellicott,  dated  July  31,  1897,  conveying  a 
tract  of  31.18  acres,  excepting  therefrom  a  tract  of  5  acres  previously 
conveyed  for  light-house  purposes.     Recorded  in  Vol.  219,  page  309, 
of  same  records. 

18.  Deed  from  Catharine  Scheuerman,  dated  July  31,  1897,  convey- 
ing 10.97  acres.     Recorded  in  Vol.  215,  page  339,  of  same  records. 

19.  Deed  from  Mary  Jenott,  dated  August  3,  1897,  conveying  7.68 
acres.     Recorded  in  Vol.  222,  page  461,  of  same  records. 

20.  Quit-Claim  Deed  from  Thomas  W.  Prosch  and  wife,  dated 
August  4,  1897,  conveving  the  undivided  J^  of  lots  1  and  2,  sec.  9,  T. 
25  N.,  R.  3  E.  of  the"  Willamette  Meridian.     Recorded  in  Vol.  204, 
page  413,  of  same  records. 

21.  Deed  from  Bertha  Bradowich  and  husband,  dated  August  5, 
1897,  conveying  5.45  acres.     Recorded  in  Vol.  220,  page  429,  of  same 
records. 

22.  Deed  from  Horace  D.  Chapin,  dated  August  19,  1897,  convey- 
ing a  strip  of  land  for  a  roadway.     Recorded  in  Vol.  221,  page  490, 
of  same  records. 

23.  Deed  from  Joseph  Bradowich  and  wife,  dated  September  4, 
1897,  conveying  0.25  acre.     Recorded  in  Vol.  190,  page  295,  of  same 
records. 

24.  Deed  from  Christian  Scheuerman  and  wife,  dated  September  7, 
1897,  conveying  1.51  acres.     The  above  deed  modifies  deed  from  same 
parties,  (numbered  3,  supra)  in  respect  to  the  privilege  of  turning 
aside  and  diverting  a  certain  creek  to  prevent  its  flowing  over  the 
lands  conveyed.     Recorded  in  Vol.  222,  page  432,  of  same  records. 

25.  Quit-Claim  Deed  from  John  B.  Allen  and  wife,  et  al.,  dated 
September  11,  1897,  conveying  the  S.  E.  |  of  the  S.  E.  J  of  the  S.  W. 
I  of  sec.  10,  in  T.  25  N.,  R.  3  E.  of  the  Willamette  Meridian.     Re- 
corded in  Vol.  224,  page  612,  of  same  records. 

26.  Deed  from  Christian  Scheuerman,  dated  January  28,  1898,  con- 
veying 1.51  acres.     Recorded  in  Vol.  221,  page  629,  of  same  records. 
The  above  deed  takes  the  place  of  deeds  numbered  3  and  24,  supra. 

27.  Deed  from  King  County,  dated  February  17,  1898,  conveying 
certain  land  therein  described.     Recorded  in  Vol.  221,  page  633,  of 
same  records. 


WASHINGTON.  435 

Title  to  the  tide  lands  was  ceded  by  an  act  of  the  State  Legislature, 
approved  March  20,  1890,  under  "General  Grant  of  Adjacent  Tide 
Lands." 

For  jurisdiction  see  "  General  Acts  of  Cession." 

Easement:  Act  of  Congress  of  May  2,  1908  (35  Stat.  L.,  99),  grants 
to  the  city  of  Seattle  right  of  way  through  the  reservation  for  sewer 
and  drainage  purposes  and  the  right  to  open  and  maintain  a  public 
street  along  the  southern,  eastern  and  northern  boundaries. 

Revocable  Licenses :  Licenses,  October  10,  1903,  November  16,  1904, 
and  June  24,  1907,  to  The  Seattle  Electric  Company  to  construct  and 
operate  extensions  to  its'  electric  street  railway  system  on  the  reser- 
vation and  the  Government  road. 

Licenses,  December  5, 1905,  and  June  25, 1907,  to  Independent  Tele- 
phone Company  for  telephone  line — using,  in  part,  the  poles  of  The 
Seattle  Electric  Company. 

License,  May  21,  1906,  to  Will  H.  Parry,  J.  A.  Nadeau,  Fonda 
Nadeau  and  W.  K.  Owens  for  water-pipe  line,  and  for  electric  light 
and  telephone  line. 

License,  November  7,  1907,  to  The  Magnolia  Heights  Co.  for  water 
main. 

License,  July  16, 1908,  to  The  City  of  Washington  for  electric  light 
and  telephone  line. 

License,  dated  December  15,  1909,  to  the  Pacific  Telegraph  and 
Telephone  Company  for  public  telephone  station. 

LOPEZ    ISLAND. 

(Northwest  portion.) 

This  reservation  contains  an  area  of  634.60  acres,  and  is  situated  in 
San  Juan  County,  in  Townships  35  and  36  North,  Range  2  West, 
extending  between  and  including  within  its  limits  both  Flat  Point 
and  Upright  Point.  Was  set  apart  from  the  public  domain  and  de- 
clared a  reservation  for  military  purposes  bv  Executive  Order  dated 
July  2,  1875. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  Act  of  February  24,  1891,  under  title 
"  General  Acts  of  Cession." 

Lease :  May  20,  1905,  of  the  entire  reservation  for  five  years,  from 
June  1,  1905,  to  Ben  Lichtenberg,  for  pasturage  and  general  farming 
purposes. 

LOPEZ    ISLAND. 

(Southwest  portion.) 

This  reservation  contains  an  area  of  677.28  acres  and  is  situated  in 
San  Juan  County,  in  Township  34  North,  Range  2  West,  directly 
opposite  the  southeast  point  of  San  Juan  Island,  and  includes  Bunch 
Island  and  Whale  Rocks.  Was  set  apart  from  the  public  domain  and 
declared  a  reservation  for  military  purposes  by  Executive  Order 
dated  July  2,  1875. 

For  jurisdiction  see  Section  1,  Article  25,  Constitution  of  the  State 
of  Washington,  and  act  of  the  State  Legislature  approved  February 
24, 1891,  under  title  "  General  Acts  of  Cession," 


436  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

Lease :  The  reservation  was  leased  for  5  jears,  from  January  19, 
1909,  to  Henry  C.  Bartlett,  for  grazing  and  agricultural  purposes. 

License,  July  8,  1905,  to  Inter-Island  Telephone  Company,  for 
telephone  line  across  military  reservations  on  Lopez,  Canoe  and  Shaw 
Islands,  and  for  cable  between  Lopez  and  Shaw  Islands. 

MIDDLE  POINT  AND  ORCHARD  POINT. 

This  reservation  has  an  area  of  385.25  acres  and  includes  Middle 
Point  and  Orchard  Point  and  abutting  tide  lands  at  the  entrance  to 
Port  Orchard  in  Kitsap  County.  Rich's  passage,  a  small  bay  of 
about  1  mile  in  width,  separates  the  above  tract  from  Fort  Ward, 
which  was  acquired  by  the  United  States  at  the  same  time.  The 
title  is  as  follows: 

Decree  of  Condemnation  for  715.75  acres,  including  tide-lands,  in 
cause  No.  1348,  entitled  "  The  United  States  v.  Annie  Tennant,  et 
al.,"  in  the  United  States  District  Court  for  the  District  of  Wash- 
ington. Rendered  April  1, 1899,  and  filed  the  same  day  in  the  Clerk's 
Office  of  said  Court. 

Jurisdiction  over  the  tide  lands  was  ceded  by  an  Act  of  the  State 
Legislature,  approved  March  20,  1890.  For  general  jurisdiction  see 
act  of  February  24,  1891,  as  set  out  under  title  "  General  Acts  of 
Cession." 

License,  June  8,  1909,  to  Mr.  D.  O'Kelly  of  Seattle,  Washington 
to  construct  logging  road  on  reservation  of  Middle  Point. 

NEE-AH   HARBOR. 

(East  side  of.) 

This  reservation  contains  an  area  of  398.5  acres,  and  is  situated  in 
Clallam  County  on  the  east  side  of  Nee-ah  Harbor,  near  the  strait  of 
Juan  De  Fuca. 

As  part  of  the  public  domain  it  was  set  apart  and  declared  a  reser- 
vation for  military  purposes  by  Executive  Order  dated  June  9,  1868. 

For  jurisdiction  see  Section  1,  Article  25  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

NEE-AH  HARBOR. 
(West  side  of.) 

This  reservation  contains  381.25  acres,  and  is  situated  in  Clallam 
County  on  the  west  side  of  Nee-ah  Harbor,  near  the  strait  of  Juan 
De  Fuca. 

As  a  part  of  the  public  domain  it  was  set  apart  and  declared  a  mili- 
tary reservation  by  Executive  Order  dated  June  9,  1868. 

For  jurisdiction  see  Section  1,  Article  25  of  Constitution  of  State  of 
Washington,  and  act  of  the  State  Legislature  approved  February  24, 
1891,  under  the  title  "  General  Acts  of  Cession." 


WASHINGTON.  437 

NEW  DTJNGENESS  HARBOR. 
(Lands  on  north  side  of.) 

This  reservation  is  situated  in  Clallam  County,  in  Township  31 
North,  Range  4  West,  on  the  north  side  of  New  Dungeness  Harbor, 
embracing  all  the  peninsula  to  its  junction  with  the  mainland. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  258.63  acres. 

For  jurisdiction  see  Section  1,  Article  25  of  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24, 1891,  under  the  title  "  General  Acts  of  Cession." 

NEW  DUNGENESS  HARBOR. 
(Lands  on  south  side  of.) 

This  reservation  is  situated  in  Clallam  County,  in  Township  31 
North,  Ranges  3  and  4  West,  on  the  south  side  of  New  Dungeness 
Harbor. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  628  .acres. 

The  present  area  not  occupied  by  private  parties  appears  to  be 
about  22.75  acres. 

For  jurisdiction  see  Section  1,  Article  25  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  the  title  "  General  Acts  of  Cession." 

POINT  DEFIANCE. 

This  reservation  contains  an  area  of  about  637.9  acres  and  is  situ- 
ated in  Pierce  County,  at  the  narrows  of  Puget  Sound,  on  the  east  of 
Commencement  Bay. 

Taken  from  the  public  domain  and  declared  a  reservation  for  mili- 
tary purposes  by  Executive  Order  dated  September  22,  1866,  which 
order  reserved  640  acres  should  the  title  be  found  to  be  in  the  United 
States.  Upon  final  designation  by  the  War  Department  the  area 
was  reduced  to  637.9  acres. 

For  jurisdiction  see  Section  1,  Article  25  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

By  Act  of  Congress,  approved  March  3,  1905  (33  Stat.  L.,  1013), 
this  reservation  was  granted  to  the  City  of  Tacoma,  Washington,  for 
a  public  park,  subject  to  the  right  of  the  United  States  to  use  the 
same  for  military,  naval,  or  light -house  purposes,  without  liability 
for  damages  or  compensation  because  of  such  use — said  Act  providing 
further :  "  That  if  said  lands  shall  not  be  used  as  a  public  park,  the 
same  or  such  parts  thereof  not  so  used,  shall  revert  to  the  United 
States." 


438  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

POINT  HUDSON. 

This  reservation  is  situated  at  the  entrance  to  Port  Townsend.  By 
Executive  Order,  dated  September  22,  1866,  640  acres  were  set  apart 
and  declared  for  military  purposes.  The  portion  not  covered  by 
perfected  land  claims  appears  to  be  about  0.10  acre. 

For  jurisdiction  see  General  Acts  of  Cession. 

PORT  MADISON    (AGATE  PASSAGE)  . 

This  reservation  contains  about  70.50  acres,  situate  on  Agate 
Passage  to  Port  Orchard,  in  Kitsap  County,  Washington,  comprising 
that  portion  of  the  Port  Madison  Indian  Reservation  designated  as 
Lots  4  and  5  of  Section  21,  and  Lots  1  and  2  of  Section  28,  Township 
26  north,  Eange  2  east,  Willamette  Meridian. 

Title  was  acquired  by  conveyances  from  certain  Indians,  pursuant 
to  agreement  ratified  by  Congress  on  March  3,  1905  (33  Stat.  L., 
1078)  ;  said  conveyances  being  recorded  in  the  Auditor's  Office  of 
Kitsap  County,  Washington,  in  Deed  Book  43,  pages  764,  766,  768 
and  769;  and  by  order  of  the  President,  dated  July  29,  1905,  the 
lands  were  formally  reserved  for  military  purposes;  and  a  descrip- 
tion thereof  is  published  in  G.  O.  No.  130,  War  Dept.,  Aug.  5,  1905. 

For  jurisdiction,  see  General  Acts  of  Cession. 

License,  August  17,  1904,  to  Postal  Telegraph-Cable  Company  to 
reconstruct  its  line  through  the  reservation. 

PROTECTION    ISLAND. 

(Land  opposite  to.) 

This  reservation  is  situated  in  Jefferson  County,  in  Township  30 
North,  Range  1  West,  opposite  to  Protection  Island. 

It  was  declared  by  Executive  Order  dated  September  22,  1866. 
The  order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department  the 
area  was  reduced  to  354.25  acres.  It  is  possible  that  this  latter  area 
may  be  still  further  reduced  by  excepting  tracts  found  to  have  been 
disposed  of  prior  to  the  date  of  the  above  order. 

For  jurisdiction  see  General  Acts  of  Cession. 

SAN    JUAN    ISLAND. 

(Northeast  point  of.) 

This  reservation  contains  an  area  of  484.31  acres,  and  is  situated 
in  San  Juan  County  in  Sections  1,  2,  11,  12  and  13,  in  Township  35 
North,  Range  3  West,  and  includes  Point  Caution. 

Forming  a  part  of  the  public  domain  it  was  declared  and  set  apart 
as  a  military  reservation  by  Executive  Order,  dated  July  2,  1875. 
This  order  reserved  640  acres,  but  the  title  to  so  much  not  being  in  the 
United  States  at  date  of  order,  the  area  was  designated  by  the  War 
Department  as  above  noted. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 


WASHINGTON.  439 

Lease:  Lease  for  five  years,  from  January  1,  1908,  to  P.  A.  Jensen 
of  the  military  reservation  at  Point  Caution,  containing  about  484 
acres. 

License,  October  24,  1904,  to  International  Telephone  Company  for 
telephone  line. 

SAN   JUAN  ISLAND. 

(Southeast  point  of.) 

This  reservation  contains  an  area  of  about  640  acres,  and  is  situated 
on  San  Juan  Island  in  Township  34  North,  Range  2  Westj  Wil- 
lamette Meridian,  and  includes  Cattle  Point,  Rocky  Peninsula,  Neck 
Point,  and  Mount  Finlayson. 

Forming  a  part  of  the  public  domain  it  was  declared  and  set  apart 
as  a  military  reservation  by  Executive  Order,  dated  July  2,  1875. 
This  order  was  afterwards  amended  by  order  dated  March  20,  1889, 
which  last  order  was  amended  by  the  Executive  May  20,  1889,  so  as 
to  embrace  Lot  1  of  Section  5 ;  Lots  4,  5,  6,  7,  8,  9  and  12,  SW.  \  of 
NE.  J  and  SE.  J  of  NE.  J  of  Section  7;  and  Lots  1,  2,  3,  4,  5,  6  and 
7,  and  SW.  J  of  NW.  i,  and  the  SE.  J  of  the  NW.  J  of  Section  8  of 
the  above  Township  and  Range,  with  the  area  above  stated. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Lease:  Lease  for  5  years,  January  19,  1906,  to  Mrs.  George  Jackie, 
of  the  above  reservation. 

SHAW  ISLAND. 

(Eastern  side  of.) 

This  reservation  contains  an  area  of  594.9  acres,  and  is  situated  in 
San  Juan  County,  in  Township  36  North,  Range  2  West.  It  was 
set  apart  from  the  public  domain  and  reserved  for  military  purposes 
by  Executive  Order,  dated  July  2,  1875.  This  order  reserved  640 
acres,  but  the  title  to  so  much  not  found  to  be  in  the  United  States  at 
the  date  of  the  order,  the  area  was  designated  by  the  War  Depart- 
ment as  above  stated. 

For  jurisdiction  see  Section  1,  Article  25,  of  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved  Feb- 
ruary 24,  1891,  under  the  title  "  General  Acts  of  Cession." 

SHAW  ISLAND. 

(Western  side  of.) 

This  reservation  contains  an  area  of  471.5  acres,  with  metes  and 
bounds  as  announced  in  G.  O.  No.  136,  W.  D.,  July  6,  1909.  It  is  sit- 
uated in  San  Juan  County,  in  Township  36  North,  Range  2  West,  and 
includes  George  Point  and  Neck  Point  on  the  western  shore  of  the 
Island.  It  was  originally  set  apart  from  the  public  domain  and  re- 
served for  military  purposes  by  Executive  Order,  dated  July  2,  1875 ; 
but  this  order  was  amended  by  Executive  Orders  of  May  12,  and 
June  26,  1909,  so  as  to  exclude  certain  lands  erroneously  included  in 
patents  to  private  parties,  and  other  lands  not  subject  to  reservation 
when  the  original  reservation  was  made. 


440  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved  Feb- 
ruary 24,  1891,  under  title  "  General  Acts  of  Cession." 

Lease,  August  18,  1909,  of  entire  reservation  to  A.  D.  Tift  for  five 
years  from  September  1,  1909. 

Revocable  Licenses:  License,  October  24,  1904,  to  International 
Telephone  Company  for  telephone  line. 

License,  April  6,  1908,  to  P.  A.  Jensen  to  maintain  logging  road 
constructed  by  Friday  Harbor  Lumber  and  Manufacturing  Company 
under  license  of  June  28,  1905. 

See  Lopez  Island  for  license  to  Inter- Island  Telephone  Company. 

FORT   SPOKANE. 

(Old  site.) 

This  reservation  contains  an  area  of  640  acres,  and  is  situated  in 
Township  28  North,  Range  36  East,  in  Lincoln  County.  As  a  part 
of  the  public  domain  it  was  set  apart  and  declared  a  military  reserva- 
tion by  Executive  Order,  dated  January  12,  1882,  which  was  after- 
wards modified  by  Order,  dated  November  17,  1887,  excepting  from 
reservation  all  lands  within  the  limits  described  heretofore  granted, 
entered  upon  by  settlers,  or  in  any  way  reserved. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  or  the  State  Legislature,  approved  Feb- 
ruary 24,  1891,  under  title  "  General  Acts  of  Cession." 

Under  authority  of  Act  of  Congress  approved  July  31,  1882  (22 
Stats.  L.,  p.  181),  the  reservation  was  turned  over  to  the  custody  and 
control  of  the  Secretary  of  the  Interior  Department,  August  28,  1899, 
for  Indian  school  purposes,  so  long  as  it  may  not  be  required  for  mili- 
tary occupation. 

STJCIA  ISLANDS. 

This  reservation  contains  an  area  of  377.4  acres,  and  is  situated  in 
San  Juan  County,  in  the  Gulf  of  Georgia,  being  approximately  in 
Sections  23,  24,  25  and  26,  of  Township  38  North,  Range  2  West, 
Willamette  Meridian.  The  Islands  were  originally  reserved  by  Exec- 
utive Order,  dated  July  13,  1892,  for  Light-House  purposes,  which 
order  was  canceled  by  order  dated  March  4, 1896,  and  excepting  lands 
embraced  within  two  permanent  locations  for  light-house  purposes, 
the  Islands  were  reserved  for  military  purposes.  By  a  later  order, 
dated  December  12,  1896,  the  Executive  turned  over  to  the  Interior 
Department,  under  authority  of  the  act  of  Congress  approved  July  5, 
1884,  all  the  land  embraced  in  the  mineral  application  No.  97,  known 
as  the  "  Sucia  Island  Stone  Mine,"  reducing  the  area  to  the  acreage 
as  stated  above. 

For  jurisdiction,  see  act  of  the  State  Legislature,  approved  Febru- 
ary 24,  1891,  under  the  title  "  General  Acts  of  Cession." 

TALA  POINT. 

This  reservation  is  situated  in  Jefferson  County,  on  the  west  side  of 
the  entrance  to  Hood's  Canal  and  southwest  from  Double  Bluff  Mili- 
tary Reservation,  in  Township  28  North,  Range  1  East.  It  was 


WASHINGTON.  441 

declared  by  Executive  Order  dated  September  22,  1866.  The  order 
reserved  640  acres  if  the  title  should  be  found  to  be  in  the  United 
States.  Upon  final  designation  by  the  War  Department  the  area 
was  reduced  to  615.25  acres.  The  present  area  appears  to  be  about 
162.25  acres. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Lease,  April  10,  1909,  to  Puget  Mill  Company  for  five  years. 

THREE  TREE   POINT. 

This  reservation  contains  an  area  of  640  acres,  and  is  situated  in 
Wahkiakum  County,  in  Township  9  North,  Range  7  West,  on  the 
right  bank  of  the  Columbia  River,  nearly  opposite  the  east  end  of 
Wood  Island.  Forming  part  of  the  public  domain,  it  was  set  apart 
and  reserved  for  military  purposes  by  Executive  Order  dated  July 
31,  1865. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Easement:  Permission  given  by  the  Secretary  of  War,  November 
12, 1908,  to  the  Grays  Harbor  and  Columbia  River  Railway  Company, 
under  Act  of  Congress  approved  March  26,  1908  (35  Stat.  L.,  47),  to 
construct  railroad  and  telegraph  line  through  the  reservation. 

Revocable  Licenses:  License,  December  — ,  1897,  to  D.  R.  Jones  to 
construct  a  logging  road  across  the  reservation. 

License,  June  22,  1901,  to  the  Crown  Paper  Company  to  construct 
a  skid  or  logging  road  across  the  reservation. 

FORT  TOWNSEND. 

This  reservation  contains  615.10  acres,  and  is  situated  on  the  west 
side  of  Port  Townsend  Bay,  about  3  miles  from  Port  Townsend,  in 
Jefferson  County. 

The  reservation  was  proclaimed  by  Executive  Order,  January  29, 
1859.  By  Executive  Order  dated  April  1,  1895,  the  reservation  was 
turned  over  to  the  Interior  Department,  but  on  April  30,  1896,  the 
order  of  disposition  was  revoked  and  rescinded  by  the  President,  and 
the  tract  was  again  set  apart  as  a  military  reservation. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

VANCOUVER  BARRACKS. 

This  reservation  contains  an  area  of  640.47  acres,  and  is  situated 
on  the  right  bank  of  the  Columbia  River,  120  miles  from  its  mouth 
and  5  miles  west  of  its  confluence  with  the  Willamette  River,  in 
Clarke  County. 

A  reserve  10  mile  square  was  made  here  by  an  Order  of  the  Sec- 
retary of  War?  dated  January  29,  1848,  and  under  that  order  Col. 
W.  W.  Loring,  on  behalf  of  the  United  States,  by  an  order  dated 
October  31,  1850,  defined  the  limits  of  said  reservation,  including  an 


442  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

area  of  about  16  square  miles,  subject  to  any  and  all  valid  claims  of 
the  Hudson  Bay  Company  and  others,  as  provided  for  in  the  treaty 
between  the  United  States  and  Great  Britain,  dated  July  17,  1846. 
By  instructions  from  the  War  Department,  dated  October  29,  1853, 
the  area  was  reduced  to  640  acres  and  the  boundaries  thereof  pub- 
lished in  General  Orders,  dated  December  8,  1853,  Headquarters, 
Fort  Vancouver,  Washington  Territory.  By  an  Order  of  the  War 
Department,  dated  July  15,  1875,  the  boundaries  of  the  reservation 
were  again  defined  and  published  in  General  Orders  No.  22,  Head- 
quarters Department  of  the  Columbia,  October  12,  1875,  giving  the 
area  as  first  above  set  out,  the  reduction  being  the  forty-six  one  him- 
dredths  of  an  acre  set  apart  under  an  act  of  Congress  approved 
August  14,  1848,  to  the  Roman  Catholic  Mission  of  St.  James.  The 
action  of  the  Secretary  of  War  was  confirmed  by  the  President  and 
published  in  Executive  Order  dated  January  15,  1878. 

By  deed,  dated  April  8,  1905  (recorded  in  Book  58,  page  435, 
records  of  deeds  of  Clarke  County,  Washington) ,  the  Bishop  of  Nes- 
qually  (Edward  J.  O'Dea),  as  trustee  of  the  Mission  of  Saint  James, 
released  to  the  United  States  all  claims  of  said  Mission  to  the  land 
embraced  within  the  reservation,  etc.  (See  Act  of  March  3,  1905 — 
Private  Act  No.  1275—33  Stat.  L.,  Part  2,  page  2006.) 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Easement:  Act  of  Congress,  approved  March  3,  1903,  authorized 
the  Secretary  of  War  to  grant  a  right  of  way  through  the  reservation 
to  the  Portland,  Vancouver  and  Yakima  Railway  Company.  Loca- 
tion approved  by  the  Secretary  of  War,  February  12,  1904.  Change 
in  location  authorized  May  12,  1906. 

Permission  granted,  July  19,  1909,  to  city  of  Vancouver  under  Sec. 
6,  Act  of  July  5,  1884  (23  Stat.,  103),  to  widen  roadway  known  as 
"  Reserve  Street "  on  west  side  of  reservation. 

Revocable  Licenses:  License,  under  authority  of  Act  of  Congress, 
approved  January  19,  1877,  to  the  Vancouver  Water  Company  to  lay 
water  pipes  through  the  reservation. 

License,  May  14,  1891,  to  the  Columbia  Land  and  Improvement 
Company  to  lay,  maintain  and  use  a  line  of  underground  water  pipe 
across  the  reservation. 

License,  July  8,  1902,  to  the  Vancouver  Water  Works  Company  to 
lay  and  maintain  a  7-inch  water  main  across  the  reservation. 

License,  dated  April  5,  1906,  to  The  Pacific  States  Telephone  and 
Telegraph  Co.  for  telephone  system. 

License,  October  10,  1906,  to  J.  P.  Ford  and  F.  L.  Purse  for  water 
pipe  line. 

License,  May  13,  1907,  to  Portland  General  Electric  Company  for 
pole  line  on  the  reservation  along  Fifth  Street  Road. 

License,  May  13,  1907,  to  Northwestern  Long  Distance  Telephone 
Company  for  telephone  line. 


VANCOUVER   POINT. 


This  reservation  is  situated  in  Jefferson  County,  in  Townships  29 
and  30  North,  Range  2  West,  on  the  west  side  of  Port  Discovery.  It 
was  declared  by  Executive  Order,  dated  September  22,  1866.  This 


WASHINGTON.  443 

order  reserved  640  acres  if  the  title  should  be  found  to  be  in  the 
United  States.  Upon  final  designation  by  the  War  Department,  the 
area  was  reduced  to  603  acres.  It  is  possible  that  this  latter  area  may 
be  still  further  reduced  by  excepting  tracts  found  to  have  been  dis- 
posed of  prior  to  the  date  of  the  above  order. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24, 1891,  under  title  "  General  Acts  of  Cession." 

VASHON  ISLAND. 

This  reservation  contains  487.4  acres  and  is  situated  near  the  city 
of  Tacoma.  A  part  of  the  public  domain,  it  was  reserved  for  mili- 
tary purposes  by  Executive  Order,  dated  June  9,  1868. 

For  jurisdiction  see  General  Acts  of  Cession. 

Lease,  January  30,  1909,  to  Jas.  Bachelor  for  five  years  from 
February  5,  1909,  of  entire  reservation. 

WAADAH  ISLAND. 

This  reservation  contains  an  area  of  about  29  acres,  and  is  situated 
in  Clallam  County,  on  the  east  side  of  Nee-ah  Harbor,  near  the  en- 
trance to  the  strait  of  Juan  De  Fuca ;  was  set  apart  from  the  public 
domain  and  declared  a  reservation  for  military  purposes  by  Execu- 
tive Order  dated  June  9,  1868. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

License,  December  3,  1906,  to  Life-Saving  Service  to  occupy  about 
4  acres  at  southern  end  of  the  island. 

FORT  WALLA  WALLA. 

This  reservation  contains  an  area  of  611.73  acres  with  metes  and 
bounds  as  announced  in  G.  Q.  184,  W.  D.,  Dec.  6,  1904.  It  is  situated 
1  mile  from  Walla  Walla,  in  Walla  Walla  County,  in  Township  7 
North,  Range  36  West.  This  reservation  was  declared  by  Executive 
Order  dated  May  13,  1859.  By  an  act  of  Congress  approved  Feb- 
ruary 24,  1871,  the  Secretary  of  War  was  authorized  to  transfer  the 
reservation  to  the  Secretary  of  the  Interior  for  disposition.  June 
1, 1871,  action  in  disposing  of  reservation  was  suspended  upon  request 
of  the  Secretary  of  War,  owing  to  mistake  in  the  act  passed  Feb- 
ruary 24,  1871.  The  Secretary  of  War,  by  an  order  dated  July  16, 
1872,  in  accordance  with  the  act  of  Congress  approved  February  24, 

1871,  as  amended  by  acts  approved  April  29,  June  5,  and  June  8, 

1872,  transferred  the  reservation  to  the  Interior  Department.     The 
Interior  Department  having  turned  over  the  reservation  of  Fort 
Walla  Walla  to  the  War  Department,  it  was  again  announced  as  a 
reservation  for  military  purposes  by  General  Orders  No.  24,  Head- 
quarters Department  of  the  Columbia,  August  25,  1873.     October 
26,  1875,  the  whole  of  the  timber  and  part  of  the  hay  reservation  was 
by  the  Secretary  of  War  relinquished  to  the  Interior  Department. 

May  3,  1880,  the  remainder  of  the  hay  reservation  was  relin- 
quished, and  also  26.35  acres  of  the  military  reservation,  leaving  the 
area  as  first  above  stated. 


444  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  of  "  General  Acts  of  Cession." 
e  Easements:  Act  of  Congress,  approved  July  3,  1876,  granted  a 
right  of  way  100  feet  in  width  through  the  reservation  to  the  Walla 
Walla  and  Columbia  River  Railroad  Company  (now  Oregon  Rail- 
road and  Navigation  Company).  Location  approved  by  the  Secre- 
tary of  War,  February  28,  1882. 

Permission,  November  5,  1904,  under  section  6,  Act  of  Congress, 
approved  July  5,  1884  (23  Stat.  L.,  103),  to  Board  of  Commissioners, 
Walla  Walla  County,  to  maintain  a  county  road  across  the  northern 
part  of  reservation. 

Permission,  April  26,  1905,  under  same  statute,  to  same  grantee  for 
county  road  on  the  southern  edge  of  reservation. 

Revocable  Licenses:  License,  April  28,  1900,  to  the  Blalock  Fruit 
Company  to  lay  a  vitrified  clay  pipe  across  the  northwesterly  corner 
of  the  reservation. 

License,  November  23,  1905,  to  Mr.  R.  Harras  for  sewer  outlet 
from  Government  sewer,  and  to  pipe  the  sewage  therefrom  to  his 
land. 

License,  April  4,  1906,  to  the  Pacific  States  Telephone  and  Tele- 
graph Company  for  telephone  system. 


FORT   WARD. 


This  reservation  contains  320.33  acres,  and  is  situated  at  Bean 
Point  on  the  right  side  of  Rich's  Passage,  a  small  bay  of  about  1 
mile  in  width  near  Port  Orchard,  in  Kitsap  County. 

For  title  and  jurisdiction  see  "  Lands  in  Kitsap  County." 

WASHINGTON    HARBOR. 

(East  side  of.) 

This  reservation  is  situated  in  Clallam  County,  in  Township  30 
North,  Range  3  West,  on  the  east  side  of  the  entrance  to  Washing- 
ton Harbor.  It  was  declared  by  Executive  Order  dated  September 
22,  1866.  The  order  reserved  640  acres  if  the  title  should  be  found 
to  be  in  the  United  States.  Upon  final  designation  by  the  War 
Department  the  area  was  reduced  to  424  acres,  excluding  lands  em- 
braced in  donation  claim  of  George  H.  Gfcrrish,  per  Executive  Order 
of  January  9,  1893. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

WASHINGTON    HARBOR. 

(West  side  of.) 

This  reservation  is  situated  in  Clallam  County,  in  Township  30 
North,  Range  3  West,  on  the  west  side  of  the  entrance  to  Washing- 
ton Harbor.  It  was  declared  by  Executive  Order  dated  September 
22,  1886.  The  order  reserved  640  acres  if  the  title  should  be  found 


WASHINGTON.  445 

to  be  in  the  United  States.  Upon  final  designation  by  the  War  De- 
partment the  area  was  reduced  to  614  acres.  The  present  area  ap- 
pears to  be  about  475  acres. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of 
the  State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

Lease:  The  above  tract  was  leased  for  5  years,  from  June  9,  1909, 
to  H.  J.  Bugge. 

WHIDBEYS   ISLAND. 
•(North  point  of.) 

This  reservation  is  situated  in  Island  County,  in  Township  34 
North,  Ranges  1  and  2  East,  it  being  the  most  northerly  point  of  the 
Island.  It  was  declared  by  Executive  Order  dated  September  22, 
1866.  The  order  reserved  640  acres  if  the  title  should  be  found  to  be 
in  the  United  States.  Upon  final  designation  by  the  War  Depart- 
ment the  area  was  reduced  to  606  acres.  It  is  possible  that  this  latter 
area  may  be  still  further  reduced  by  excepting  tracts  found  to  have 
been  disposed  of  prior  to  the  date  of  the  above  order. 

For  jurisdiction  see  Section  1,  Article  25,  of  the  Constitution  of  the 
State  of  Washington,  and  act  of  the  State  Legislature,  approved 
February  24,  1891,  under  title  "  General  Acts  of  Cession." 

FORT   WHITMAN. 

This  reservation  comprises  all  of  Goat  Island  (lots  1  and  2  of 
Section  10,  and  lots  1  and  2  of  Section  11,  Township  33  North,  Range 
2  East,  Willamette  Meridian),  and  is  situated  in  Skagit  County. 
Area  about  129.40  acres.  The  entire  area  was  acquired  by  deed  from 
Henrietta  M.  Haller  (widow) ,  dated  February  21, 1908.  Recorded  in 
Vol.  73,  page  207,  of  the  Deed  Records  of  Skagit  County. 

For  jurisdiction,  see  General  Act  of  Cession,  the  proviso  of  which 
was  complied  with  on  Sept.  11,  1908. 

FORT   WORDEN. 

This  reservation,  originally  called  Point  Wilson,  contains  an  area 
of  494.19  acres,  and  is  situated  in  Jefferson  County,  at  Port  Town- 
send. 

A  tract  of  640  acres  was  reserved  by  Executive  Order  of  September 
22,  1866,  but  the  greater  part  was  covered  by  private  claims.  The 
title  to  the  lands  acquired  by  purchase  is  as  follows : 

1.  Deed  from  Francis  W.  James,  dated  April  14,  1897,  conveying 
a  tract  of  2.06  acres  in  fractional  Section  35,  Township  31  North, 
Range  1  West.     Recorded  in  Vol.  36,  page  265,  of  the  deed  records 
in  Jefferson  County. 

2.  Deed  from  Samuel  B.  Harned,  dated  May  6,  1897,  conveying 
Lot  3  of  Section  35,  Township  31  North,  Range  1  West,  containing 
1.38  acres.     Recorded  in  Vol.  36,  page  263,  of  same  records. 

3.  Deed  from  T.  B.  Wilcox  and  wife,  dated  June  5,  1897,  convey- 
ing 3.60  acres  in  Lot  3  of  fractional  Section  35,  Township  31  North, 
Range  1  West.     Recorded  in  Vol.  36,  page  264,  of  same  records. 


446  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

4.  Deed  from  Louisa  Stall,  dated1  April  17,  1897,  conveying  Block 
52  of  the  San  Juan  de  Fuca  addition  to  the  City  of  Port  Townsend. 
Eecorded  in  Vol.  36,  page  267,  of  same  records. 

5.  Deed  from  Mary  Thompson  and  husband,  et  al.,  dated  June  14, 
1897,  conveying  Block  42  in  same  addition,  etc.     Kecorded  in  Vol. 
47,  page  295,  of  same  records. 

6.  Deed  from  Walter  C.  Smith  and  wife,  dated  June  17,  1897, 
conveying  Blocks  32  and  34  of  same  addition,  etc.     Recorded  in  Vol. 
47,  page  293,  of  same  records. 

7.  Deed  from  the  Starrett  Estate  Company,  dated  May  8,  1897, 
conveying  Block  54,  of  same  addition,  etc.     Eecorded  in  Vol.  47, 
pages  366-367,  of  same  records. 

8.  Deed  from  Mary  J.  Tucker  and  husband,  dated  June  16,  1897, 
conveying  6.05  acres.     Recorded  in  Book  48,  page  13,  of  same  records. 

9.  Deed  from  the  State  of  Washington,  dated  April  4,  1898,  con- 
veying certain  tide  lands.    Recorded  in  Book  48,  page  16,  of  same 
records. 

10.  Decree  of  condemnation  for  certain  acreage  and  tide  lands  in 
cause  No.  1169,  entitled  the  "  United  States  v.  Charles  Eisenbeis  et 
al.,"  in  the  United  States  District  Court,  for  the  District  of  Wash- 
ington, Northern  Division.     Rendered  April  7,  1898  and  filed  in  the 
Clerk's  Office  of  said  Court,  June  28,  1898. 

11.  Decree  of  condemnation  in  a  cause  entitled  the  "  United  States 
v.  Helen  M.  Freeman  et  al.,"  in  the  United  States  District  Court,  for 
the  District  of  Washington,  Northern  Division.     Rendered  January 
30,  1902,  and  filed  the  same  day  in  the  Clerk's  Office  of  said  Court. 

For  jurisdiction  see  Acts  of  the  State  Legislature  approved  Janu- 
ary 23,  1890,  and  February  24,  1891,  under  the  title  "  General  Acts 
of  Cession." 

12.  The  following  deeds  convey  title  to  sites  to  secondary  and  sup- 
plemental fire-control  stations  for  Fort  Worden: 

a.  Deed  from  James  Simms,  et  ux.,  dated  January  14,  1907,  con- 
veying two  tracts  aggregating  5.148  acres.     Recorded  in  Vol.  61, 
page  235,  of  same  records. 

b.  Deed  from  William  L.  Clark,  et  ux.,  dated  January  22,  1907, 
conveying  Lots  1,  2,  3,  and  4  of  Block  2,  of  Drummond's  Addition  to 
the  City  of  Port  Townsend.     Recorded  in  Vol.  58,  page  362,  of  same 
records. 

c.  Deed  from  Gertrude  Willison,  dated  January  16, 1907,  conveying 
Lot  5  of  said  Block.     Recorded  in  Vol.  62,  page  113,  of  same  records. 

d.  Quitclaim  deed  from  A.  H.  Wanamaker,  et  ux.,  dated  April  5, 
1907,  conveying  all  of  said  Block  2.    Recorded  in  Vol.  58,  page  366, 
of  same  records. 

13.  Authority  given  to  the  United  States  to  construct,  maintain 
and  operate  underground  electric  wires  upon  certain  public  streets 
in  the  city  of  Port  Townsend,  July  17,  1907. 

Revocable  licenses: 

License,  July  10,  1909,  to  Sunset  Telephone  and  Telegraph  Com- 
pany for  telephone  line. 

License,  September  15,  1908,  to  Independent  Telephone  Company 
for  telephone  line. 

License,  October  3,  1908,  to  Pacific  Telephone  Company  for  tele- 
phone line. 


WISCONSIN.  447 

WEST  VIRGINIA. 

GENERAL  ACT  OF  CESSION. 

"  4.  In  pursuance  of  the  seventeenth  clause  of  the  eighth  section  of 
the  first  article  of  the  constitution  of  the  United  States,  the  consent 
of  the  Legislature  of  West  Virginia  is  hereby  given  to  the  purchase 
or  condemnation,  whether  heretofore  or  hereafter  made  or  had  by  the 
government  of  the  United  States^  or  under  its  authority,  of  any  tract 
or  parcel  of  land  within  the  limits  of  the  State,  for  the  purpose  of 
erecting  thereon  light-houses,  beacons,  signal  stations,  post  offices, 
custom  houses,  court  houses,  locks,  dams,  and  works  for  the  improve- 
ment of  the  navigation  of  any  water  course,  ajid  other  needful  build- 
ings or  structures.  The  evidences  of  title  to  such  land  shall  be  re- 
corded as  in  other  cases.  But  the  quantity  of  land  to  be  so  acquired 
shall  not  exceed  twenty-five  acres  in  any  one  place. 

"  5.  The  State  of  West  Virginia  reserves  the  right  to  execute  proc- 
ess, civil  or  criminal,  within  the  limits  of  any  lot  or  parcel  of  land  so 
acquired  by  the  United  States  as  aforesaid."  (Chapter  20,  Acts  of 
1881.  Code  of  West  Va.,  1906,  sees.  4  and  5.) 

GRAFTON    NATIONAL    CEMETERY. 

This  reservation  contains  an  area  of  3.40  acres  and  is  situated  at 
Graf  ton,  in  Taylor  County.  The  title  is  as  follows: 

1.  Decree  of  Condemnation  for  the  above  property  in  Ex  parte 
Jedediah  W.  Yates  et  al.  in  the  District  Court  of  the  United  States 
for  the  District  of  West  Virginia.     Rendered  March  30,  1871,  and 
filed  with  the  record  in  said  cause  in  the  Clerk's  Office  of  said  Court 
at  Clarksburg. 

2.  Deed  from  William  D.  Mackin  and  wife,  et  al.,  dated  October 
26,  1874,  conveying  above  property.     Recorded  in  Liber  12,  folio  323, 
etc.,  of  the  deed  records  of  Taylor  County. 

3.  Deed  from  William  D.  Mackin  and  wife,  et  al.,  dated  June  21, 
1878,  conveying  a  strip  of  land  around  the  cemetery  containing  6,994 
square  feet  of  ground.     Recorded  in  Book  14,  page  187,  etc.,  of  same 
records. 

For  jurisdiction  see  General  Act  of  Cession. 

WISCONSIN. 

GENERAL    ACT   OF    CESSION. 

"  SECTION  2.  The  consent  of  the  legislature  is  hereby  given  to  the 
purchase  by  the  United  States  of  any  place  or  places  within  the  state, 
for  the  erection  of  forts,  magazines,  arsenals,  dockyards,  or  other 
needful  buildings,  under  authority  of  any  act  of  the  Congress,  upon 
condition  precedent  thereto,  that  application  therefor,  setting  forth 
an  exact  description  of  the  place  so  purchased,  shall  be  made  by  an 
authorized  officer  of  the  United  States  to  the  governor,  accompanied 
by  a  plat  of  such  place,  and  proof  that  all  conveyances  necessary  to 
the  unincumbered  title  of  the  United  States  have  been  recorded  in 
the  office  of  the  register  of  deeds  of  each  county  in  which  such  place 


448  UNITED   STATES   MILITAKY  KESERVATfONS,,  ETC. 

may  be  situated,  and  that  the  governor  shall  execute  to  the  United 
States,  in  duplicate,  under  the  great  seal,  a  certificate  of  such  consent 
and  compliance  with  these  provisions,  which  he  shall  in  such  case 
give,  one  of  which  to  be  delivered  to  such  officer  of  the  United  States, 
and  one  filed  with  the  secretary  of  state;  and  upon  the  further  con- 
dition that  the  state  shall  forever  retain  concurrent  jurisdiction  over 
every  such  place  to  the  extent  that  all  legal  and  military  process 
issued  under  the  authority  of  the  state  may  be  executed  anywhere  on 
such  place  or  in  any  building  thereon,  or  any  part  thereof,  and  that 
any  offense  against  the  laws  of  the  state,  committed  on  such  place, 
may  be  tried  and  punished  by  any  competent  court  or  magistrate  of 
the  state,  to  the  same  extent  as  if  such  place  had  not  been  purchased 
by  the  United  States,  flie  certificate  of  the  governor  shall  be  suffi- 
cient evidence  of  the  consent  of  the  legislature  to  such  purchase  upon 
the  conditions  aforesaid. 

#  *  *  *  *  *  * 

"SEC.  4.  The  state  shall  have  concurrent  jurisdiction  over  every 
place  within  its  limits  heretofore  ceded  to  the  United  States,  to  the 
extent  mentioned  in  section  two  respecting  the  execution  of  process 
and  the  punishment  of  crime,  until  the  Congress  shall  exercise  exclu- 
sive legislation  over  any  such,  which  shall  have  been  ceded  without 
reservation."  (Wisconsin  Statutes,  1898,  pp.  136,  138.) 

FOREST  HILL  CEMETERY. 

(Soldiers'  lot.) 

This  reservation  includes  a  certain  burial  lot  known  as  the  "  Sol- 
diers' Rest,"  in  Section  29,  in  the  "  Forest  Hill  Cemetery,"  of  the  City 
of  Madison,  in  Dane  County,  and  an  addition  thereto  acquired  in 
1908.  The  title  is  as  follows: 

1.  Deed  from  the  City  of  Madison,  dated  June  18,  1866,  conveying 
the   above   property.     Recorded  in   Vol.   1,  page  286,  of  the   deed 
records  of  the  Forest  Hill  Cemetery  at  Madison. 

2.  Deed  from  the  City  of  Madison,  dated  March  20,  1908,  covering 
a  strip  of  land  20  feet  wide  adjoining  the  burial  lot,  previously  con- 
veyed, on  the  south.     Recorded  in  Vol.  194  of  Deeds,  page  556,  Office 
Register  of  Deeds,  Dane  County,  Wisconsin. 

FOREST  HOME  CEMETERY. 

(Soldiers'  lot) 

This  reservation  comprises  Lots  numbered  5,  6,  7  and  8,  in  Block 
No.  5,  of  Section  No.  24,  in  "  Forest  Home  Cemetery,"  near  the  City 
of  Milwaukee,  and  is  situated  in  the  Town  of  Lakel,  fronting  on  the 
Plank  Road  leading  from  Milwaukee  to  Janesville,  in  Milwaukee 
County.  The  title  is  as  follows : 

Deed  from  The  Rector,  Wardens,  and  Vestrymen  of  St.  Paul's 
Church  in  the  City  of  Milwaukee,  dated  November  11,  1872,  convey- 
ing the  above  property.  Recorded  in  Vol.  129,  page  121,  etc.,  of  the 
deed  records  of  Milwaukee  County. 


WISCONSIN.  449 

FORT  CRAWFORD  MILITARY  CEMETERY. 

This  cemetery  is  located  in  Block  13  of  the  Fort  Crawford  Mili- 
tary Tract  in  Prairie  du  Chien,  Crawford  County,  Wisconsin.  The 
title  is  as  follows: 

1.  Deed  from  Catharine  Lawler,  dated  December  31,  1904,  con- 
veying portions  of  Lots  7  and  8  of  said  block.     Recorded  in  Vol.  74 
of  Deeds,  page  157,  in  the  Register's  Office,  Crawford  County. 

2.  Deed  from  Theodore  Martner  and  wife,  dated  January  4,  1905, 
conveying  portions  of  lots  3  and  8  of  said  block.     Recorded  in  same 
office,  vol.  73  of  Deeds,  page  495. 

Jurisdiction  ceded  over  "  suitable  approach  "  by  State  act  of  June 
19,  1905,  providing  as  follows : 

"  SECTION  1.  The  consent  of  the  state  of  Wisconsin  is  hereby  given 
to  the  purchase,  by  the  United  States,  of  any  tract  or  tracts  of 
land  in  the  city  of  Prairie  du  Chien,  Crawford  County,  Wisconsin, 
for  use  as  a  suitable  approach  to  the  Fort  Crawford  Military  Ceme- 
tery at  Prairie  du  Chien  under  the  provisions  of  an  act  of  congress, 
approved  March  3,  1905,  and  the  state  hereby  cedes  to  the  United 
States  exclusive  jurisdiction  over  such  tract  or  tracts  of  land  as 
shall  be  purchased  for  the  purposes  aforesaid,  so  long  as  the  same 
shall  remain  the  property  of  the  United  States,  for  all  purposes 
except  the  service  of  civil  or  criminal  process  therein. 

"  SEC.  2.  The  lands  aforesaid,  when  so  purchased,  shall  hereafter 
be  exempt  from  all  taxes  and  assessments  levied  or  imposed  under 
authority  of  the  state,  so  long  as  the  same  shall  remain  the  property 
of  the  United  States."  (Chapter  440,  Laws  of  1905.) 

MOUND    CEMETERY. 

(Soldiers'  lot.) 

This  reservation  comprises  Lots  1,  5  and  6,  in  Block  No.  18,  in  the 
"  Mound  Cemetery,"  near  the  City  of  Racine,  in  the  County  of  Ra- 
cine. The  title  is  as  follows : 

Deed  from  the  City  of  Racine,  dated  May  22,  1868,  conveying  the 
above  property.  Recorded  in  Book  55,  page  245,  of  the  deed  records 
of  Racine  County. 

PROTESTANT    CEMETERY. 

(Soldiers'  lot.) 

This  reservation  embraces  a  lot  known  as  Block  No.  62,  in  Prairie 
du  Chien  Land  Company  (addition)  No.  1,  at  Prairie  du  Chien,  in 
Crawford  County.  The  title  is  as  follows: 

Deed  from  John  S.  Lockwood,  Proprietor,  dated  June  18,  1866, 
conveying  the  above  property.  Recorded  in  Book  21,  page  427,  of 
the  deed  records  of  Crawford  County. 

SPARTA  TARGET  RANGE. 

This  reservation  comprises  an  area  of  about  9,460  acres,  exclusive 
of  the  right  of  way  of  the  Chicago,  Milwaukee  and  St.  Paul  Rail- 
road, reserved  and  acquired  for  a  target  range  under  Act  of  Con- 

16809—10 29 


450  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

gress  aproved  May  27,  1908,  as  amended  by  Act  of  March  4,  1909. 
It  is  situated  near  Sparta,  in  Monroe  County.     The  title  is  as  follows : 

1.  By  Executive  Order  of  May  21,  1909  (G.  O.  No.  112,  W.  D., 
June  8,  1909),  several  tracts  of  public  land,  within  the  limits  of  the 
target  range,  were  reserved  for  military  purposes,  aggregating  480 
acres.     Deeds  from  Chas.  A.  Heintz,  Casper  E.  Shaw,  and  George 
Crocker,  respectively,  relinquishing  their  homestead  entries  to  por- 
tions of  the  premises,  filed  in  the  General  Land  Office,  and  such 
entries  cancelled. 

2.  Deed  from  Robert  B.  McCoy,  et  ux.,  dated  June  15,  1908,  con- 
veying 518  acres.     Recorded  in  Vol.  101  of  Deeds,  page  33,  in  the 
Office  of  the  Register  of  Deeds,  Monroe  County. 

3.  Deed  from  same  parties,  dated  June  15,  1908,  conveying  554 
acres.     Recorded  in  Vol.  101,  page  34,  of  same  records. 

4.  Quitclaim  deed  of  Clarence  T.  Thorbus,  et  ux.,  dated  July  6, 
1908,  to  a  small  part  of  the  same  premises.     Recorded  in  Vol.  96, 
page  183,  of  same  records. 

5.  Decree  of  United  States  Circuit  Court,  June  25,  1909 ;  and  deed 
of  Robert  B.  McCoy,  et  ux.,  dated  April  13,  1909,  conveying  premises 
covered  by  decree;  area  1837.04  acres.     Deed  recorded  in  Vol.  101, 
page  355,  of  same  records. 

6.  Decree  of  United  States  Circuit  Court,  May  11,  1909,  covering 
6,034.65  acres;  and  the  following  deeds  which  convey  all  but  40 
acres  of  the  premises  covered  by  said  decree : 

(a)  Robert   B.  McCoy,  et  ux.,  July  27,   1908,  conveying  771.47 
acres.     Recorded  in  vol.  101,  page  289,  of  same  records. 

(b)  Same  parties,  July  27, 1908,  conveying  961.91  acres.     Recorded 
in  vol.  101,  page  290,  of  same  records. 

(c)  Same  parties,  October  23,  1908,  conveying  2.8  acres  in  Sec.  4, 
Tp.  17,  R.  3.,  for  road.     Recorded  in  vol.  101,  page  291,  of  same 
records. 

(d)  Same  parties,  October  26,  1908,  conveying  284.65  acres.     Re- 
corded in  vol.  101,  page  292,  of  same  records. 

(e).  Same  parties,  July  31,  1908,  conveying  712.65  acres.  Re- 
corded in  vol.  101,  page  293,  of  same  records. 

(/)  Same  parties,  July  28,  1908,  conveying  293  acres.  Recorded 
in  vol.  101,  page  294,  of  same  records. 

(ff)  Same  parties,  July  29,  1908,  conveying  892.34  acres.  Re- 
corded in  vol.  101,  page  295,  of  same  records. 

(h)  Same  parties,  July  29,  1908,  conveying  160  acres.  Recorded 
in  vol.  101,  page  296,  of  same  records. 

(i)  Same  parties,  October  21,  1908,  conveying  1,080.48  acres.  Re- 
corded in  vol.  101,  page  297,  of  same  records. 

(j)  Same  parties,  October  21,  1908,  conveying  75.35  acres.  Re- 
corded in  vol.  101,  page  298,  of  same  records. 

(k)  Same  parties,  October  13,  1908,  conveying  240  acres.  Re- 
corded in  vol.  101,  page  299,  of  same  records. 

(I)  Same  parties,  August  11,  1908,  conveying  200  acres.  Recorded 
in  vol.  101,  page  300,  of  same  records. 

(m)  Same  parties,  July  28,  1908,  conveying  320  acres.  Recorded 
in  vol.  101,  page  301,  of  same  records. 

7.  Quitclaim  deed   from  the  Chicago,  Milwaukee  and  St.   Paul 
Railway  Company,  dated  July  21,  1909,  conveying  36  acres.     Re- 
corded in  Vol.  88,  page  480,  of  same  records. 


WYOMING.  451 

ST.    LOUIS    RIVER    MILITARY    RESERVATION. 

This  reservation,  situated  in  Douglas  County  at  the  mouth  of  the 
St.  Louis  River,  on  Lake  Superior,  as  originally  declared  by  Execu- 
tive Order  dated  March  13,  1851,  included  fractional  Sections  20,  27, 
28  and  29,  of  Township  49  North,  Range  13  West,  of  the  Fourth 
Principal  Meridian.  It  was  at  that  date  supposed  to  be  unappropri- 
ated public  land.  Upon  the  recommendation  of  the  War  Department 
the  President,  by  an  order  dated  January  11,  1855,  canceled  the  order 
of  March  13,  1854,  as  to  fractional  Sections  27  and  29,  leaving  the 
reservation  to  consist  of  fractional  sections  20  and  28.  This  was  still 
further  reduced  by  a  decision  of  the  Secretary  of  the  Interior,  dated 
September  21,  1893,  in  the  case  of  the  United  States  yy.  Joseph  A. 
Bullen  (involving  a  portion  of  said  reservation),  wherein  the  Honor- 
able Secretary  decided  in  favor  of  said  Bullen,  awarding  him  Lots  1 
and  2  of  fractional  Section  28.  The  reservation  as  now  held  by  the 
United  States  embraces  fractional  Section  20  and  whatever  is  left  of 
fractional  section  28  after  eliminating  Lots  1  and  2. 

WYOMING. 

GENERAL   ACT   OF    CESSION. 

"  SECTION  1.  That  exclusive  jurisdiction  be,  and  the  same  is,  hereby 
ceded  to  the  United  States  over  and  within  all  the  territory  owned 
by  the  United  States,  included  within  the  limits  of  the  United  States 
military  reservations  known  as  Fort  D.  A.  Russell,  Fort  McKinney 
nnd  Fort  Washakie,  Camp  Sheridan,  and  Camp  Pilot  Butte,  and  the 
United  States  Po\vder  Depot  at  Cheyenne,  together  with  such  other 
lands  in  the  State  as  may  be  now  or  hereafter  acquired  or  held  by 
the  United  States  for  military  purposes,  either  as  additions  to  the 
posts  above  named,  or  as  new  military  posts  or  reservations,  which 
may  be  established  for  the  common  defence,  saving,  however,  to  the 
said  State,  the  right  to  serve  civil  or  criminal  process  within  the  lim- 
its of  the  aforesaid  forts,  camps  and  depot,  in  suits  or  prosecutions 
for,  or  on  account  of  rights  acquired,  obligations  incurred  or  crimes 
committed  in  said  State,  but  outside  of  said  cession  and  reservation, 
and  saving  further  to  said  State  the  right  to  tax  persons  and  corpo- 
rations, their  franchises  and  property,  on  said  lands  hereby  ceded." 
(Approved  February  17,  1893.  Laws  of  Wyoming,  1893,  p.  43. 
See,  also,  Revised  Statutes  of  Wyoming,  1899,  sees.  2657-2661.) 

FORT  D.  A.   RUSSELL. 

This  reservation  adjoins  the  city  of  Cheyenne,  in  Laramie  County, 
and  contained  on  January  1,  1909  (exclusive  of  the  Wood  Reserve, 
which  is  included  in  the 'Fort  D.  A.  Russell  Target  and  Maneuver 
Reservation),  an  area  of  about  4352  acres,  \vith  metes  and  bounds  as 
announced  in  G.  O.  No.  22,  W.  D.,  January  30,  1907. 

By  Executive  Order,  dated  June  28,  1869,  a  reservation  of  4512 
acres  was  set  apart  for  military  purposes,  but  this  area  was  reduced 
May  23,  1898,  to  the  area  given  above,  by  the  transfer  to  the  State  of 
Wyoming  of  160  acres  for  the  use  of  the  State  Agricultural  and  In- 


452  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

dustrial  Exposition,  under  authority  of  Act  of  Congress,  approved 
March  2,  1895. 

By  Act  of  Congress,  approved  March  3,  1909  (35  Stat.  L.,  747), 
the  purchase  of  about  1400  acres,  adjoining  the  reservation,  for  the 
extension  of  the  Target  Hange,  was  authorized;  and  by  Executive 
Order  of  August  27,  1909  (G.  O.  195,  W.  D.,  Sept.  27,  1909),  a  tract 
of  about  40  acres  was  reserved  for  same  purpose. 

Title  to  lands  owned  by  private  parties,  comprised  within  the  pro- 
posed addition,  has  been  acquired  as  follows : 

1.  Decree  of  United  States  Circuit  Court,  in  cause  No.  446,  U.  S. 
vs.  B.  F.  Blocklinger,  entered  December  3, 1909,  covering  549.70  acres. 
Recorded  in  Book        ,  page        ,  of  the  records  of  Laramie  County. 

2.  Two  other  parcels  within  the  authorized  addition  are  being  pur-' 
chased;  one  from  R.  A.  Proctor  (area  782.37  acres),  and  the  other 
from  Eliza  Talbot  (area  about  5  acres),  making  the  aggregate  area  of 
the  authorized  addition  1,377.07  acres. 

The  title  to  a  right  of  way  for  conduit,  etc.,  appears  below7 : 

1.  Deed  from  Claus  Sievers,  dated  June  20,  1903,  conveying  0.854 
acre,  right  of  way  for  conduit.    Recorded  in  Book  105,  page  581,  of 
the  records  of  Laramie  County. 

2.  Decree  of  Condemnation  for  0.2G1  acre,  for  right  of  way  for 
conduit,  in  a  cause  entitled  "  The  United  States  v.  Frank  Ketcham 
and  wife,"  in  the  Circuit  Court  of  the  United  States,  for  the  Eighth 
Judicial  Circuit,  District  of  Wyoming.    Rendered  July  25,  1903,  and 
recorded  in  Book  88,  page  482,  of  same  records. 

3.  Ordinance  granting  permission  to  the  United  States  to  construct 
and  maintain  a  sewer  along  and  through  certain  streets  within  the 
city  of  Cheyenne;  approved  by  the  Mayor  August  4,  1909,  and  ac- 
cepted by  the  Secretary  of  War  September  2,  1909. 

For  jurisdiction  see  "  General  Act  of  Cession." 

Easements:  Pursuant  to  Act  of  Congress,  approved  June  30,  1886, 
the  Secretary  of  War,  August  20,  1886,  approved  the  selection  of  a 
right  of  wTay  12  feet  wide  within  the  garrison  and  100  feet  wide  be- 
yond it,  by  the  Cheyenne  and  Northern  Railway  Company. 

Pursuant  to  Act  of  Congress,  approved  February  25,  1889  (25  Stat. 
L.,  691),  the  Secretary  of  War  by  instrument  dated  August  26,  1908, 
as  amended  November  2,  1908,  approved  the  location  of  the  right  of 
way  for  the  street  railway  to  be  constructed  by  the  Cheyenne  Street 
Railway  Company. 

Revocable  Licenses:  License,  August  27,  1886,  to  the  Board  of 
County  Commissioners  of  Laramie  County  to  enter  the  reservation  to 
maintain,  repair  and  keep  in  good  order  the  county  wagon  road  com- 
monly called  the  "  Happy  Jack  "  road,  and  to  all  persons  to  travel 
on  said  road  across  the  reservation. 

License,  August  4,  1888,  to 'Board  of  County  Commissioners  of 
Laramie  County  to  construct  a  road  80  feet  wide  upon  and  along  the 
east  side  of  the  reservation. 

License,  May  5,  1900,  to  Troop  "A,"  Wyoming  National  Guard  to 
use  for  pasturage  purposes  that  portion  of  the  reservation  known  as 
"  Old  Camp  Carlin  Pasturage." 

License,  March  23,  1905,  to  Rocky  Mountain  Bell  Telephone  Com- 
pany to  maintain  and  operate  its  telephone  line. 

License,  March  23,  1905,  to  Postal  Telegraph  Cable  Company,  for 
line  on  poles  of  Rocky  Mountain  Bell  Telephone  Company. 


WYOMING.  453 

License,  March  11,  1909,  to  the  Colorado  and  Southern  Railway 
Company  to  construct  and  maintain  a  building  for  railroad  station 
and  residence  of  agent. 

FORT   D.    A.    RUSSEEL    TARGET   AND    MANEUVER   RESERVATION. 

This  reservation  comprises  an  area  of  about  36,320  acres,  and  is 
situated  in  Albany  County,  30  miles  west  of  Cheyenne.  It  includes 
the  Wood  Reserve  of  2,540.04  acres,  set  apart  for  military  purposes 
by  Executive  Orders  dated  February  4,  1879,  and  February  25,  1880 ; 
and  certain  tracts  of  public  land,  originally  set  apart  as  a  Forest 
Reserve  by  Executive  Order  dated  October  10,  1900,  and  which  were 
transferred  to  the  War  Department  by  Executive  Order  dated  Octo- 
ber 9,  1903  (G.  O.  40,  W.  D.,  October  23,  1903),  for  military  pur- 
poses, with  the  understanding  that  the  use  of  the  lands  for  such 
purposes  shall  not  interfere  with  the  objects  for  which  the  Forest 
Reserve  was  established.  The  order  so  transferring  the  lands  was 
amended  by  Executive  Order  of  May  28,  1909  (G.  O.  114,  W.  D., 
June  11,  1909),  so  as  to  exclude  about  320  acres  covered  by  entries 
of  private  parties;  and  by  letter  dated  March  23,  1908,  a  tract  of  160 
acres,  located  within  the  reserve,  was  transferred  to  the  Department 
of  Agriculture  for  administrative  purposes — leaving  the  area  as 
above  stated. 

By  Act  of  Congress  approved  March  13,  1908  (35  Stat,  L.,  42), 
provision  is  made  for  the  acquisition  of  private  holdings  within  the 
reservation  by  the  exchange  of  other  public  lands  therefor. 

For  jurisdiction  see  General  Act  of  Cession. 

FORT    MACKENZIE. 

/ 

This  reservation  is  situated  near  the  city  of  Sheridan,  in  Sheridan 
County,  and  contains,  approximately,  6,280  acres,  as  announced  in 
<i.  O.,'No.  8T,  W.  D.,  May  8,  1906.  By  Executive  Orders  dated  No- 
vember 2,  and  December  13,  1898,  two  tracts  of  land  were  set  apart 
for  military  purposes.  By  Acts  of  the  State  Legislature,  approved 
February  16,  1899,  and  February  13,  1901,  additional  tracts,  aggre- 
gating 760  acres,  and  jurisdiction  thereover  were  ceded  to  the  United 
States — the  latter  act  reserving  "  all  rights  appertaining  to  any  irri- 
gation ditch  or  ditches  crossing"  the  lands  granted  thereby.  Both 
acts  cede  jurisdiction  in  the  following  terms: 

"  That  exclusive  jurisdiction  be,  and  the  same  is  hereby,  ceded  to 
the  United  States  of  America,  over  and  within  the  aforesaid  de- 
scribed territory,  saving,  however,  to  this  state  the  right  to  serve  civil 
and  criminal  process  within  said  territory  in  suits  or  prosecutions  for, 
or  on  account  of  rights  acquired,  obligations  incurred  or  crimes  com- 
mitted in  said  state,  but  outside  of  said  cession ;  and  saving  further 
to  the  said  state  the  right  to  tax  persons  and  corporations,  their  fran- 
chises and  property  in  said  territory  herein  ceded." 

XLaws  of  Wyoming,  1899,  Chapter  24,  page  53;  and  idem,  1901, 
Chapter  30,  page  29.) 

For  jurisdiction  over  the  tracts  reserved,  see  General  Act  of 
Cession. 


454  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

The  right  of  way  for  a  pipe  line,  and  sewer  privileges  were  granted 
by  the  following  deeds: 

1.  Deed  from  William  Clubb,  dated  September  9,  1901,  conveying 
0.44  acre,  for  right  of  way  for  pipe  line.     Recorded  in  Book  J,  page 

523,  of  the  deed  records  of  Sheridan  County. 

2.  Deed  from  Charles  H.  Reynolds,  dated  September  11,  1901,  con- 
veying 0.44  acre,  for  right  of  way  for  pipe  line.     Recorded  in  Book  J, 
page  525,  of  same  records. 

3.  Deed  from  Clement  L.  Spraclen,  dated  October  22,  1901,  con- 
veying 0.48  acre,  for  right  of  way  for  pipe  line.     Recorded  in  Book  J, 
page  526,  of  same  records. 

4.  Deed  from  Annie  Loucks,  dated  October  22,  1901,  conveying 
0.34  acre,  for  right  of  way  for  pipe  line.     Recorded  in  Book  J,  page 

524,  of  same  records. 

5.  Agreement  between  Charles  X.  Dietz  and  the  United  States,  con- 
cerning the  location  of  sewer. '  Agreement  dated  April  1G,  1902,  and 
recorded  in  Book  D,  page  595,  etc.,  of  same  records. 

6;  Deed  from  Charles  N.  Dietz,  dated  April  24,  1902,  conveying  a 
parcel  of  land  2,500  feet  long  and  10  feet  wide,  for  right  of  way  for 
pipe  line.  Recorded  in  Book  J,  page  GOG,  of  same  records. 

7.  Agreement  between  Thomas  L.  Kimball  and  the  United  States, 
concerning  the  location  of  sewer.     Agreement  dated  April  2G,  1902, 
and  recorded  in  Book  D,  page  597,  etc.,  of  same  records. 

8.  Ordinance  from  the  town  of  Sheridan?  dated  November  2,  1903, 
granting  the  right  to  use  certain  amounts  of  water  from  Goose  Creek. 

9.  Deed  from  Stella  R.  Crew,  dated  February  3,  1904,  conveying 
right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  460,  of  same 
records. 

10.  Deed  from  Samuel  and  Jennie  Culberson,  dated  February  4, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N, 
page  452,  of  same  records. 

11.  Deed  from  William  and  Catherine  Timm,  dated  February  4, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  — , 
page  461,  of  same  records. 

12.  Deed  from  Levi  and  Louisa  Beans,  dated  February  4,  1904,  con- 
veying right  of  way  for  pipe  line.     Recorded  in  Book  N,  pages  455 
and  456,  of  same  records. 

13.  Deed  from  C.  P.  and  J.  O.  Ewoldsen,  dated  February  4,  1904, 
conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N,  page 
458,  of  same  records. 

14.  Deed  from  F.  E.  Loch  and  C.  O.  Reed,  dated  February  4,  1904, 
conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N,  page 
462,  of  same  records. 

15.  Deed  from  Henry  A.  Coffeen,  dated  February  13,  1904,  convey- 
ing right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  444  and 

445,  of  same  records. 

16.  Deed  from  B.  F.  and  Rose  H.  Perkins,  dated  February  15, 
1904,  conveying  right'  of  way  for  pipe  line.     Recorded  in  Book  N, 
page  467,  of  same  records. 

17.  Deed  from  Henry  A.  Coffeen,  dated  February  17,  1904,  convey- 
ing right  of  way  for  pipe  line.    Recorded  in  Book  N,  pages  445  and 

446,  of  same  records. 


WYOMING.  455 

18.  Deed  from  E.  N.  Secor,  dated  February  27,  1904,  conveying 
right  of  way  for  pipe  line.    Recorded  in  Book  N,  page  453  and  454, 
of  same  records. 

19.  Deed  from  E.  N.  Secor,  dated  February  27,  1904,  conveying  a 
right  of  way  for  pipe  line.    Recorded  in  Book  N,  page  459,  of  same 
records. 

20.  Deed  from  J.  Dana  Adams,  dated  February  27,  1904,  conveying 
a  right  of  way  for  pipe  line.    Recorded  in  Book  N,  page  466,  of  same 
records. 

21.  Deed  from  L.  E.  and  Nannie  M.  Harris,  dated  February  29, 
1904,  conveying  a  right  of  way  for  pipe  line.    Recorded  in  Book  N, 
page  446  and  447,  of  same  records. 

22.  Deed  from  Philip  and  Margaret  Kane,  dated  February  27, 
1904,  conveying  a  right  of  way  for  pipe  line.    Recorded  in  Book  N, 
page  447  and  448,  of  same  records. 

23.  Deed  from  J.  S.  and  Elizabeth  T.  Snodgrass,  dated  February 
29,  1904,  conveying  right  of  way  for  pipe  line.    Recorded  in  Book  N, 
page  449,  of  same  records. 

24.  Deed   from  Philip  and  Margaret  Kane,  dated  February  27, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N, 
page  450  and  451,  of  same  records. 

25.  Deed  from  Melchi  I.  and  Mattie  E.  Snively,  dated  February  29, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N, 
page  452  and  453,  of  same  records. 

26.  Deed  from  W.  and  Atha  Thompson,  dated  February  29,  1904, 
conveying  right  of  way  for  pipe  line.    Recorded  in  Book  N,  page  454 
and  455,  of  same  records. 

27.  Deed  from  William  and  Catherine  Timm,  dated  February  29, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N- 
page  456  and  457,  of  same  records. 

28.  Deed  from  George  W.  and  Hannah  E.  Garrett,  dated  February 
29,  1904,  conveying  right  of  way  for  pipe  line.    Recorded  in  Book  N, 
page  463,  of  same  records. 

29.  Deed  from  John  and  Clementine  Zingg,  dated  February  29, 
1904,  conveying  right  of  way  for  pipe  line.     Recorded  in  Book  N, 
page  472,  of  same  records. 

30.  Deed  from  C.  L.  and  Nellie  Spracklen,  dated  February  27, 1904, 
conveying  right  of  way  for  pipe  line.    Recorded  in  Book  N,  page  474 
and  475,  of  same  records. 

31.  Deed  from  Thirza  A.  Darling,  dated  March  1,  1904,  conveying 
right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  473  and  474, 
of  same  records. 

32.  Deed  from  the  State  of  Wyoming,  dated  March  8,  1904,  con- 
veying right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  470 
and  472,  of  same  records. 

33.  Deed  from  S.  N.  Hardee,  dated  April  2,  1904,  conveying  right 
of  way  for  pipe  line.     Recorded  in  Book  N,  page  469,  of  same  rec- 
ords. 

34.  Deed  from  Peter  Nelson,  dated  April  20,  1904,  conveying  right 
of  way  for  pipe  line.     Recorded  in  Book  N,  page  465,  of  same  rec- 
ords. 


456 

35.  Deed  from  C.  B.  Burrows,  dated  April  22,  1904,  conveying 
right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  464,  of  same 
records. 

36.  Deed  from  Jane  M.  Ferguson,  dated  April  21,  1904,  conveying 
right  of  way  for  pipe  line.     Recorded  in  Book  N,  page  468,  of  same 
records. 

37.  Deed  from  Mary  J.  Alger,  et  al.,  dated  October  1,  1907,  con- 
veying right  of  way  for  pipe  line.     Recorded  in  Book  P,  page  587, 
of  same  records. 

38.  Deed  from  Alf.  Diefenderfer,  dated  November  1,  1907,  con- 
veying same.     Recorded  in  Book  P,  page  586,  of  same  records. 

39.  Deed  from  Walter  A.  Granger,  et  al.,  dated  November  13, 
1907,  conveying  same.     Recorded  in  Book  P,  page  587,  of  same 
records. 

For  jurisdiction  see  General  Act  of  Cession. 

Easement:  A  county  road,  in  existence  before  the  establishing  of 
the  reservation,  crosses  the  same  from  east  to  west. 

Revocable  Licenses:  License,  September  4,  1900,  to  The  Burling- 
ton and  Missouri  River  Railroad  in  Nebraska  to  lay  and  maintain  a 
track  to  the  storehouses  on  the  reservation. 

License,  January  5,  1905,  to  Town  of  Sheridan  for  8-inch  water 
pipe  connecting  its  water  supply  with  8-inch  overflow  from  Govern- 
ment reservation,  and  to  use  surplus  water. 

License,  July  16,  1906,  to  Alliance  Lateral  Ditch  Company  to 
enlarge,  operate,  and  maintain  irrigating  ditch  across  reservoir  sites. 

License,  January  17,  1907,  to  the  Rocky  Mountain  Bell  Telephone 
Company  for  telephone  line. 

MONUMENT   SITE. 

This  reservation  contains  0.75  acre,  and  is  situated  in  Sheridan 
County.  The  State,  by  an  Act,  approved  February  19,  1903,  ceded 
the  above  tract  to  the  United  States,  with  jurisdiction  thereover,  to 
be  used  as  a  site  for  the  erection  of  a  monument  to  the  memory  of 
the  soldiers  who  fought  in  the  Fort  Phil  Kearney  massacre.  (Laws 
of  Wyoming,  1903,  p.  50.) 

FORT  FRED.   STEELE. 
( Cemetery. ) 

This  reservation  was  formally  turned  over  to  the  Interior  Depart- 
ment, with  the  request  that  the  Cemetery  (containing  about  seventy 
bodies  of  soldiers)  be  reserved  from  sale  until  disposition  can  be 
made  of  the  remains  by  removing  them  to  a  National  Cemetery. 
(See  War  Department  Circular  dated  August  12,  1886.  See,  also, 
Order  of  the  Secretary  of  War  dated  November  19,  1886.)  The 
Cemetery  is  situated  in  Carbon  County,  near  the  site  of  the  post. 

FORT  YELLOWSTONE. 

This  reservation,  formerly  Camp  Sheridan,  contains  an  area  of 
43.38  acres,  including  the  5.5  acres  set  apart  for  Hospital  site  with 


WYOMING.  457 

metes  and  bounds  as  given  in  G.  O.  No.  238,  War  Department,  No- 
vember 30,  1909.  It  is  situated  on  Beaver  Creek,  8  miles  from  Cinna- 
bar, a  station  on  Yellowstone  Park  line  of  Northern  Pacific  Railroad, 
within  the  limits  of  the  Yellowstone  National  Park.  The  reservation 
was  set  aside  by  the  Secretary  of  the  Interior  for  use  of  the  military 
authorities  under  dates  of  February  27,  1891,  May  11,  1893,  October 
18,  1897,  and  November  1,  1909 ;  the  last  assignment  being  by  way  of 
modification  of  prior  assignments. 

Exclusive  jurisdiction  in  the  United  States  was  reserved  by  Con- 
gress in  establishing  the  Yellowstone  National  Park.  (For  act  of  the 
Stale  of  Wyoming  ceding,  jurisdiction  to  the  United  States  see  Fort 
D.  A.  Russell.) 


APPENDIX, 


EMINENT  DOMAIN. 

Right  in  the  State. — The  right  to  take  property,  for  public  uses,  is 
inherent  in  government.  The  State  possesses  this  right  as  one  of  the 
rights  of  sovereignty.  (Gilmore  v.  Lime  Point,  18  CaL,  229.) 

A  "  fort "  is  an  object  of  "  public  use,"  and  a  State  may,  for  its  own 
purposes,  condemn  land  for  a  fort,  or  may  authorize  the  land  to  be 
condemned  for  such  purposes,  for  and  on  behalf  of  the  general  govern- 
ment. ( Ibid. ) 

Assuming  that  the  federal  government  has  the  power  to  condemn 
private  land  within  a  State  for  the  purposes  of  a  "  fort,"  still  that 
power  is  not  exclusive  of  the  power  of  the  State.  (Ibid.) 

But  it  seems  to  be  now  well  settled  that  the  exercise  of  this  right 
for  national  purposes  is  not  among  the  ends  contemplated  in  the  cre- 
ation of  State  governments.  (See  Trombley  v.  Humphrey,  23  Mich., 
471.) 

The  right  of  eminent  domain  is  inherent  in  the  State  and  not  con- 
ferred by  the  Constitution,  and  may  be  delegated  by  the  legislature  to 
anv  corporation  or  individual  who  shall  comply  with  the  terms  upon 
which  the  right  is  given.  (Moran  v.  Ross,  79  Cal.,  159.  See  also 
23  Mich.,  471.  supra.) 

flow  far  power  of  State  restricted. — The  right  of  eminent  domain 
over  the  shores  and  the  soil  under  the  navigable  waters,  for  all  munic- 
ipal purposes,  belongs  exclusively  to  the  States  within  their  respec- 
tive territorial  jurisdictions,  and  they,  and  they  only,  have  the  con- 
stitutional power  to  exercise  it.  *  *  *  But  in  the  hands  of  the 
State  this  power  can  never  be  used  so  as  to  affect  the  exercise  of  any 
National  right  of  eminent  domain  or  jurisdiction  with  which  the 
United  States  have  been  invested  by  the  Constitution.  (Ib.) 

Power  of  the  Federal  Government. — In  the  new  Territories,  where 
the  government  of  the  United  States  exercises  sovereign  authority, 
it  possesses  as  incident  thereto,  the  right  of  eminent  domain,  which 
it  may  exercise  directly  or  through  the  territorial  government;  but 
this  right  passes  from  the  nation  to  the  newly  formed  State  whenever 
the  latter  is  admitted  into  the  Union.  So  far,  however,  as  the  gen- 
eral government  may  deem  it  important  to  appropriate  lands  or  other 
property  for  its  own  purposes,  and  to  enable  it  to  perform  its  func- 
tions— as  must  sometimes  be  necessary  in  the  case  of  forts,  light- 
houses, military  posts  or  roads,  and  other  conveniences  and  necessities 
of  government — the  general  government  may  still  exercise  the  author- 
ity, as  well  within  the  States  as  within  the  territory,  under  its  exclu- 
sive jurisdiction,  and  its  right  to  do  so  may  be  supported  by  the  same 
reasons  which  support  the  right  in  any  case ;  that  is  to  say,  the  abso- 
lute necessity  that  the  means  in  the  government  for  performing  its 

459 


460  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

functions  and  perpetuating  its  existence  should  not  be  liable  to  be 
controlled  or  defeated  by  the  want  of  consent  of  private  parties,  or 
of  any  other  authority.  (Cooley  on  Constitutional  Limitations,  645.) 

Property  already  devoted  to  public  use  in  a  local  community  (not  a 
State]  may  be  taken. — The  power  of  appropriating  private  property 
to  public  purposes  is  an  incident  of  sovereignty.  And  it  may  be, 
that  by  the  exercise  of  this  power,  under  extraordinary  emergencies, 
property  which  had  been  dedicated  to  public  use,  but  the  enjoyment 
of  which  was  principally  limited  to  a  local  community  (not  a  State), 
might  be  taken  for  higher  and  national  purposes,  and  disposed  of  on 
the  same  principles  which  subject  private  property  to  be  taken.  In 
a  government  of  limited  and  specified  powers,  like  ours,  such  a  power 
can  be  exercised  only  in  the  mode  provided  by  law.  (New  Orleans  v. 
The  United  States,  10  Peters,  p.  723.) 

State  jurisdiction. — It  is  in  the  power  of  either  of  the  States  to  take 
land  of  its  citizens  for  public  use  by  special  act  and  without  interven- 
tion of  jury,  but  on  payment  of  reasonable  indemnity  ascertained  by 
commissioners.  A  public  use  of  the  United  States  is  a  public  use  of 
each  of  the  States  of  the  Union.  Consent  of  a  State  to  the  purchase 
of  land  within  it  conveys,  in  general,  jurisdiction  to  the  United 
States;  Imt  not  wrhen  all  jurisdiction  is  expressly  reserved  by  the 
State,  (Vol.  8,  p.  30,  Opinions  Attorneys-General.  Seabrook's 
Island  Case.  See  Trombley  v.  Homphrey,  23  Mich.,  471,  and  au- 
thorities cited  per  contra  as  to  proposition  first  above  stated.) 

How  far  right  may  be  exercised  by  the  United  States. — The  right 
of  eminent  domain  exists  in  the  government  of  the  United  States, 
and  may  be  exercised  by  it  within  the  States,  so  far  as  is  necessary  to 
the  enjoyment  of  the  powers  conferred  upon  it  by  the  Constitution. 
(Kohl  et  al.  v.  The  United  States,  91  U.  S.,  367.) 

For  what  purposes  private  property  taken — Right  in  United  States 
can  not  be  enlarged  or  dhn-hiixhcd  by  State — When  consent  of  State 
needed. — It  is  a  right  belonging  to  a  sovereignty  to  take  private  prop- 
erty for  its  own  uses,  and  not  for  those  of  another.  Beyond  that 
there  exists  no  necessity,  which  alone  is  the  foundation  of  the  right. 
If  the  United  States  have  the  power,  it  must  be  complete  in  itself. 
It  can  neither  be  enlarged  nor  diminished  by  a  State.  Nor  can  any 
State  prescribe  the  manner  in  which  it  must  be  exercised.  The  con- 
sent of  a  State  can  never  be  a  condition  precedent  to  its  enjoyment. 
Such  consent  is  needed  only,  if  at  all,  for  the  transfer  of  jurisdiction 
and  of  the  right  of  exclusive  legislation  after  the  land  shall  have 
been  acquired.  (Ib.) 

An  exposition  of  the  right  of. — The  powers  vested  by  the  Constitu- 
tion in  the  general  government  demand  for  their  exercise  the  acquisi- 
tion of  land  in  all  the  States.  They  are  needed  for  forts,  armories, 
and  arsenals,  for  navy-yards  and  light-houses,  for  custom-houses, 
post-offices,  and  court-houses,  and  for  other  public  uses.  If  the  right 
to  acquire  property  for  such  uses  may  be  made  a  barren  right  by  the 
unwillingness  of  property  holders  to  sell,  or  by  the  action  of  a  State 
prohibiting  a  sale  to  the  Federal  Government,  the  constitutional 
grants  of  power  may  be  rendered  nugatory,  and  the  government  is 
dependent  for  its  practical  existence  upon  the  will  of  the  State,  or 
even  upon  that  of  a  private  citizen.  This  can  not  be.  No  one  doubts 
the  existence  in  the  State  governments  of  the  right  of  eminent 
domain — a  right  distinct  from  and  paramount  to  the  right  of  ultimate 


EMINENT   DOMAIN.  461 

ownership.  It  grows  out  of  the  necessity  of  their  being,  not  out  of 
the  tenure  by  which  lands  are  held.  It  may  be  exercised,  though  the 
lands  are  not  held  by  grant  from  the  government,  either  mediately 
or  immediately,  and  independent  of  the  consideration  whether  they 
would  escheat  to  the  government  in  case  of  a  failure  of  heirs.  The 
right  is  the  offspring  of  political  necessity ;  and  it'is  inseparable  from 
its  sovereignty,  unless  denied  to  it  by  its  fundamental  laws.  (Ibid.) 

Of  State  confined  to  State  purposes. — This  State  has  no  authority, 
by  virtue  of  its  eminent  domain,  to  condemn  private  lands  within  its 
boundaries  for  the  purpose  of  turning  the  same  over  to  the  United 
States  for  the  erection  and  maintenance  of  light-houses  thereon.  Act 
No.  119  of  1867  (Session  Laws  1867,  p.  158),  which  undertakes  to 
authorize  the  governor  to  do  this  is  unconstitutional,  for  the  reason 
that  its  enactments  are  not  within  the  sphere  of  State  powers,  and  if 
put  in  force  would  constitute  an  appropriation  of  the  property  of 
individuals  without  due  process  of  law.  (Trombley  v.  Humphrey, 
23  Mich.,  471.) 

Defined — Necessity  justifies  its  exercise. — The  eminent  domain  is 
the  rightful  authority  which  exists  in  every  sovereignty  to  control 
and  regulate  those  rights  of  a  public  nature  which  pertain  to  its  citi- 
zens in  common,  and  to  appropriate  and  control  individual  property 
for  the  public  benefit,  as  the  public  safety,  necessity,  convenience  and 
welfare  may  demand.  It  has  its  foundation  in  the  imperative  law  of 
necessity  which  alone  justifies  and  limits  its  exercise.  (Ibid.) 

Right  of,  in  the  United  States. — The  United  States  in  the  exercise 
of  its  sovereignty,  and  as  a  part  of  its  provision  for  the  regulation, 
control  and  protection  of  commerce,  may  erect  light-houses  and  in  the 
exercise  of  its  eminent  domain,  by  observing  the  constitutional  re- 
quirements of  making  due  compensation  therefor,  seize  and  condemn 
the  property  of  individuals  for  that  purpose.  (Ibid.) 

Exercise  of  this  right  for  national  purposes  not  contemplated  in 
rrctttioit  of  State  governments. — The  right  of  eminent  domain  in  any 
sovereignty  exists  only  for  its  own  purposes;  find  to  furnish  machin- 
ery to  the  general  government  for  it  to  appropriate  lands  for  national 
objects  is  not  among  the  ends  contemplated  in  the  creation  of  the 
State  government.  (Ibid.) 

Consent  of  State  not  a  condition  precedent. — The  consent  of  a 
State  is  not  a  condition  precedent  to  the  taking  of  lands  by  the  gen- 
eral government.  Its  consent  is  required  only  for  the  purpose  of  a 
transfer  of  jurisdiction.  (Ibid.  See,  also,  Darlington  v.  United 
States,  82  Penn.  St.  Rep.,  382;  and  Kohl  o.  United  States,  91  U.  S., 
367.) 

Private  property  can  only  be  taken  for  public  use,  and  whether  or 
not  a  use  is  public  is  a  question  for  the  court.  (Ibid.  See,  also,  mat- 
ter of  Deansville  Cemetery  Association,  66  New  York,  569;  and  mat- 
ter of  New  York  Central  and  Hudson  River  Railroad  Company,  77 
New  York,  248.) 

Constitutional  law — Grants  ~by  State  to  the  United  States. — A  State 
legislature  may  delegate  the  right  of  eminent  domain  to  an  agent  of 
the  United  States  for  the  purpose  of  obtaining  land  in  such  State  as  a 
site  for  a  post-office.  ( Burt,  Petitioner,  v.  The  Merchants'  Insurance 
Company,  106  Mass.  Rep.,  356.) 

NOTE. — The  above  case  shows  the  power  to  be  delegated  to  an  agent  of  the 
United  States  and  is  not  an  exercise  of  power  of  eminent  domain  by  the  State 


462  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

for  the  purpose  of  turning  the  property  over  to  the  United  States,  for,  as  stated 
therein :  "  By  an  act  of  the  legislature  of  Massachusetts  an  agent  of  the  United 
States  was  authorized  to  purchase  land  in  the  State  for  the  site  of  a  Post-Office. 
The  act  provided  that  when  the  agent  and  the  owners  of  the  land  could  not 
agree  upon  the  price  there  should  be  an  appraisement  made  by  a  jury.  Held, 
that  in  order  to  obtain  the  land  and  the  appraisement,  it  was  not  necessary  that 
the  owner  should  first  consent  to  a  sale." 

A  State  can  not  exercise  it  in  behalf  of  the  United  States. — The 
United  States  may  exercise  the  right  of  eminent  domain  within  a 
State ;  but  a  State  can  not  exercise  it  in  behalf  of  the  United  States. 
The  State  may  take  the  property  of  a  citizen  for  public  uses  by  virtue 
of  its  right  of  eminent  domain,  but  it  can  not  take  it  for  the  benefit  of 
another  sovereignty,  for  the  use  of  the  citizens  of  the  latter,  nor  can  it 
delegate  its  right  of  eminent  domain  to  another  sovereignty  for  such 
purposes.  (Darlington  v.  The  United  States,  82  Perm.  St.  Rep.,  382, 
criticises  Gilmer  v.  Lime  Point,  18  Cal.,  p.  229,  and  Burt,  Petitioner, 
v.  The  Merchants'  Ins.  Co.,  106  Mass.,  356,  and  declares  the  law  to  be 
well  stated  in  Trombley  v.  Humphrey,  23  Mich.,  471;  also  in  Kohl  v. 
The  United  States,  91  U.  S.,  367.) 

The  United  States  may  exercise  right  in  State  court  under  a  State 
law. — The  State  legislature  may  authorize  proceedings  in  the  State 
Courts  on  behalf  of  the  Federal  Government  to  acquire  title  to  lands 
for  a  public  use,  the  benefit  of  which  is  shared  by  the  citizens  of  the 
State;  and  while  the  Federal  Government  may,  as  an  independent 
sovereignty,  condemn  lands  within  a  State  for  its  use,  by  proceedings 
in  its  own  courts,  it  may,  as  a  petitioner  in  a  State  court,  accomplish 
the  same  end  through  proceedings  under  a  State  law. 

(In  the  matter  of  the  Petition  of  the  United  States  for  the  appoint- 
ment of  Commissioners,  etc.,  96  N.  Y.,  227.) 

The  supremacy  of  the  Government  of  the  United  States. — The 
United  States  is  a  government  with  authority  extending  over  the 
whole  territory  of  the  Union,  acting  upon  the  States  and  the  people 
of  the  States.  While  it  is  limited  in  the  number  of  its  powers,  so 
far  as  its  sovereignty  extends  it  is  supreme.  No  State  government 
can  exclude  it  from  the  exercise  of  any  authority  conferred  upon 
it  by  the  Constitution,  obstruct  its  authorized  officers  against  its  will, 
or  withhold  from  it,  for  a  moment,  the  cognizance  of  any  subject 
which  that  instrument  has  committed  to  it.  (Tennessee  'v.  Davis, 
100  U.  S.,  263.) 

The  power  an  incident  of  sovereignty. — The  power  to  take  private 
property  for  public  uses,  in  the  exercise  of  the  right  of  eminent 
domain,  is  an  incident  of  sovereignty,  belonging  to  every  independent 
government,  and  requiring  no  constitutional  recognition  and  it  exists 
in  the  Government  of  the  United  States.  (United  States  v.  Jones, 
Administrator  et  al.,  109  U.  S.,  513.) 

Compensation  a  constitutional  limitation — How  -fixed  and  deter- 
mined.— The  liability  to  make  compensation  for  private  property 
taken  for  public  uses  is  a  constitutional  limitation  of  the  right  of 
eminent  domain.  As  this  limitation  forms  no  part  of  the  power  to 
take  private  property  for  public  uses,  the  government  of  the  United 
States  may  delegate  to  a  tribunal,  created  under  the  laws  of  a  State, 
the  power  to  fix  and  determine  the  amount  of  compensation  to  be  paid 
by  the  United  States  for  private  property  taken  by  them  in  the  exer- 
cise of  their  right  of  eminent  domain ;  or,  it  may,  if  it  pleases,  create 
a  special  tribunal  for  that  purpose.  (Ibid.) 


EMINENT   DOMAIN.  463 

Right  of  United  States  to  make  title  by  expropriation. — -TKe 
United  States  may  lawfully  make  title  to  land  in  one  of  the  States  by 
expropriation  as  of  the  eminent  domain  of  such  State,  and  with 
assent  thereof.  (Vol.  7,  p.  114,  Opins.  Attys.  Genl.,  Washington 
Aqueduct  Case.) 

When  private  property  taken  for  public  use,  just  compensation 
must  be  made  to  owner. — When  property  to  which  the  United  States 
assert  no  title,  is  taken  by  their  officers  or  agents,  pursuant  to  an 
act  of  Congress,  as  private  property,  for  the  public  use,  the  govern- 
ment is  under  an  implied  obligation  to  make  just  compensation  to  the 
owner.  (The  United  States  v.  Great  Falls  Manufacturing  Com- 
pany, 112  U.  S.,  645.) 

Claim  of  owner  for  just  compensation  arises  out  of  implied  con- 
tract.— Such  an  implication  being  consistent  with  the  constitutional 
duty  of  the  government,  as  well  as  with  common  justice,  the  owner's 
claim  for  compensation  is  one  arising  out  of  implied  contract,  within 
the  meaning  of  the  Statute  defining  the  jurisdiction  of  the  Court  of 
Claims,  although  there  may  have  been  no  formal  proceedings  for  the 
condemnation  of  the  property  to  public  use.  (Ibid.) 

The  owner  may  elect  to  treat  the  taking^  of  his  property,  as  an  exer- 
cise of  the  right  and  demand  compensation. — The  owner  may  waive 
any  objection  he  might  be  entitled  to  make,  based  upon  the  want  of 
formal  proceedings,  and  electing  to  regard  the  action  of  the  govern- 
ment as  a  taking  under  its  sovereign  right  of  eminent  domain,  may 
demand  just  compensation  for  the  property.  (Ibid.) 

Legislative  and  judicial  domain  distinguished. — Of  the  necessity 
or  expediency  of  exercising  the  right  of  eminent  domain  in  the  appro- 
priation of  private  property  to  public  uses,  the  opinion  of  the  legisla- 
ture or  of  the  corporate  body  or  tribunal  upon  which  it  has  conferred 
the  power  to  determine  the  question,  is  conclusive  upon  the  courts, 
since  such  a  question  is  essentially  political  in  its  nature,  and  not 
judicial.  But  the  question  whether  the  specified  use  is  a  public  use 
or  purpose,  or  such  use  or  purpose  as  will  justify  or  sustain  the  com- 
pulsory taking  of  private  property,  is,  perhaps,  ultimately  a  judicial 
one,  and,  if  so,  the  courts  can  not  be  absolutely  concluded  by  the 
action  or  opinion  of  the  legislative  department.  But  if  the  legisla- 
ture has  declared  the  use  or  purpose  to  be  a  public  one,  its  judgment 
wrill  be  respected  by  the  courts,  unless  the  use  be  palpably  private,  or 
the  necessity  for  the  taking  plainly  without  reasonable  foundation. 
But  if  the  use  be  public,  or  if  it  be  so  doubtful  that  the  courts  can  not 
pronounce  it  not  to  be  such  as  to  justify  the  compulsory  taking  of 
private  property,  the  decision  of  the  legislature,  embodied  in  the 
enactment  giving  the  power,  that  a  necessity  exists  to  take  the  prop- 
erty, is  final  and  conclusive.  (Dillon's  Municipal  Corporations,  4th 
Ed.,  Vol.  2,  Sec.  600.) 

National  Park,  Gettysburg  Battlefield. — An  appropriation  by  Con- 
gress for  continuing  the  work  of  surveying,  locating,  and  preserving 
the  lines  of  battle  at  Gettysburg,  Pa.,  and  for  purchasing,  opening, 
constructing  and  improving  avenues  along  the  portions  occupied  by 
the  various  commands  of  the  armies  of  the  Potomac  and  Northern 
Virginia  on  the  field,  and  for  fencing  the  same ;  and  for  the  purchase, 
at  private  "sale  or  by  condemnation,  of  such  parcels  of  land  as  the  Sec- 
retary of  War  may  deem  necessary  for  the  sites  of  tablets,  and  for  the 
construction  of  the  said  avenues;  for  determining  the  leading  tactical 


464  UNITED    STATES    MILITARY   RESERVATIONS,   ETC, 

positions  and  properly  marking  the  same  with  tablets  of  batteries, 
regiments,  brigades,  divisions,  corps,  and  other  organizations,  with 
reference  to  the  study  and  correct  understanding  of  the  battle,  each 
tablet  bearing  a  brief  historical  legend,  compiled  without  praise  and 
without  censure,  is  an  appropriation  for  a  public  use,  for  which  the 
United  States  may,  in  the  exercise  of  its  riglit  of  eminent  domain, 
condemn  and  take  the  necessary  lands  of  individuals  and  corporations, 
situated  within  that  State,  including  lands  occupied  by  a  railroad 
company.  (United  States  v.  Gettysburg  Electric  Railway  Company, 
160  U.  S.,  668.) 

An  implied  power,  necessary  for  the  purpose  of  carrying  powers 
expressly  given  into  effect. — Congress  has  power  to  declare  war  and 
to  create  and  equip  armies  and  navies.  It  has  the  great  power  of  tax- 
ation to  be  exercised  for  the  common  defense  and  general  welfare. 
Having  such  powers,  it  has  such  other  and  implied  ones  as  are  neces- 
sary and  appropriate  for  the  purpose  of  carrying  the  powers  ex- 
pressly given  into  effect.  Any  act  of  Congress  which  plainly  find 
directly  tends  to  enhance  the  respect  and  love  of  the  citizen  for  the 
institutions  of  his  country  and  to  quicken  and  strengthen  his  motives 
to  defend  them,  and  which  is  germane  to  and  intimately  connected 
with  and  appropriate  to  the  exercise  of  some  one  or  all  of  the  powers 
granted  by  Congress  must  be  valid.  This  proposed  use  (National 
Park,  Gettysburg  Battlefield)  comes  within  such  description.  The 
provision  comes  within  the  rule  laid  down  by  Chief  Justice  Marshall 
in  McCulloch  v.  Maryland  (4  Wheat.,  316,  421),  in  these  Avords: 
"  Let  the  end  be  legitimate,  let  it  be  within  the  scope  of  the  Constitu- 
tion, and  all  means  which  are  appropriate,  which  are  plainly  adapted 
to  that  end,  which  are  not  prohibited,  but  consist  with  the  letter  and 
spirit  of  the  Constitution,  are  constitutional." 

Limited  appropriation  does  not  render  invalid  the^  law  provided 
for  taking  lam/,  <iu<uitity  necessary  a  legislative  question. — The  mere 
fact  that  Congress  limits  the  amount  to  be  appropriated  for  such 
purpose  (National  Park),  does  not  render  invalid  the  law  providing 
for  the  taking  of  the  land.  The  quantity  of  land  which  should  be 
taken  for  such  a  purpose  is  a  legislative,  and  not  a  judicial  question. 
(160  U.  S.,  p.  669.) 

Acquisition  of  land  for  national  cemeteries. — To  authorize  the  ac- 
quisition by  the  exercise  of  the  right  of  eminent  domain,  of  private 
land  for  a  national  cemetery  under  Sections  4870,  4871,  Revised  Stat- 
utes, there  must  be  (1)  an  existing  appropriation,  (in  conformity 
with  the  rule  of  Sec.  3736,  Rev.  Stats.)  authorizing  the  acquisition, 
and  (2)  the  private  owner  must  be  unwilling  to  give  title,  or  the  Sec- 
retary of  War  be  unable  to  agree  with  him  as  to  price.  (Dig.  Opins. 
J.  A.  Genl.,  1901,  sec.  1769.) 

Appraisement  of  land  for  national  cemetery,  when  conclusive  upon 
Secretary  of  War.— The  appraisement  of  land  for  a  national  ceme- 
tery, as  duly  made  by -a  United  States  Court  under  Sections  4871  and 
4872,  Revised  Statutes,  is  conclusive  upon  the  Secretary  of  War,  who 
must  thereupon  pay  the  appraised  value  as  indicated  in  the  latter 
section.  If  indeed 'there  has  been  fraud  in  the  valuation  by  which 
the  court  has  been  deceived  in  its  decree,  or  its  original  appraisement 
is  deemed  excessive,  it  may  properly  be  moved  for  a  new, appraise- 
ment on  the  part  of  the  United  States.  (Ibid.,  sec.  1763,  citing  14 
Opins.  Atty.  Gen.,  27.) 


JURISDICTION.  465 

Express  legislation  of  Congress  'necessary  to  the  exercise  of  the 
right. — Authority  to  acquire  land  in  a  State,  by  the  exercise  of  the 
right  of  eminent  domain,  whether  by  proceedings  for  condemnation 
in  the  United  States  Circuit  Court  or  in  the  courts  of  the  State,  can 
be  A^ested  in  an  executive  official  of  the  United  States}  only  by  express 
legislation  of  Congress.  (Ibid.,  sec.  2109.) 

No  general  act  of  Congress  making  State  courts  an  agency  for  con- 
demning lands. — Held,  that  there  was  no  general  act  of  Congress 
making  State  courts  an  agency  of  the  United  States  for  the  purpose 
of  condemning  lands,  and  that  proceedings  for  this  purpose  should 
be  had  in  a  United  States  Court  under  an  Act  of  Congress,  or  in  a 
State  court  when  such  court  has  been  by  such  Act  made  an  agency 
for  the  purpose.  (Ibid.,  sec.  1247.) 

The  United  States  may  acquire  title  ~by  judicial  proceedings. — It  is 
now  well  settled  that  whenever,  in  the  execution  of  the  powers 
granted  to  the  United  States  by  the  Constitution,  lands  in  any  State 
are  needed  by  the  United  States,  for  a  fort,  magazine,  dockyard, 
light-house,  custom-house,  post-office,  or  any  other  public  purpose, 
and  can  not  be  acquired  by  agreement  with  the  owners,  the  Congress 
of  the  United  States,  exercising  the  right  of  eminent  domain,  and 
making  just  compensation  to  the  owners,  may  authorize  such  lands  to 
be  taken,  either  by  proceedings  in  the  courts  of  the  State  with  its  con- 
sent, or  by  proceedings  in  the  courts  of  the  United  States,  with  or 
without  any  consent  or  concurrent  act  of  the  State,  as  Congress  may 
direct  or  permit.  (Chappell  v.  United  States,  160  U.  S.,  499,  509, 
and  510;  citing  Harris  /;.  Elliott,  10  Pet.,  25;  Kohl  v.  United  States, 
91  U.  S.,  367;  United  States  v.  Jones,  109  U.  S.,  513;  Fort  Leaven- 
worth  Railroad  v.  Lowe,  114  U.  S,,  525,  531,  532;  Cherokee  Nation  v. 
Kansas  Railway,  135  U.  S.,  641,  656;  Monongahela  Navigation  Co.  v. 
United  States,  148  U.  S.,  312;  Luxton  v.  North  River  Bridge  Co., 
147  U.  S.,  337,  and  153  U.  S.,  525;  Burt  v.  Merchants'  Insurance  Co., 
106  Mass.,  356;  United  States,  Petitioners,  96  N.  Y.,  227.) 

JURISDICTION. 

Jurisdiction. — The  Congress  shall  'have  power  *  *  *  "To  ex- 
ercise exclusive  legislation  in  all  cases  whatsoever,  over  such  District 
(not  exceeding  ten  miles  square)  as  may,  by  cession  of  particular 
States,  and  the  acceptance  of  Congress,  become  the  seat  of  the  Gov- 
ernment of  the  United  States,  and  to  exercise  like  authority  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the  State  in 
which  the  same  shall  be,  for  the  erection  of  Forts,  Magazines,  Arse- 
nals, dock-yards  and  other  needful  buildings."  (Clause  17,  Sec.  8, 
of  Art.  1  of  Const.  U.  S.) 

Same. — The  exclusive  jurisdiction  in  the  District  of  Columbia  and 
in  forts,  arsenals,  etc.,  is  distinct  from  the  concurrent  jurisdiction  of 
the  national  government  with  that  of  the  State  which  it  has  in  the 
exercise  of  its  powers  of  sovereignty  in  every  part  of  the  United 
States.  (Ex  parte  Siebold,  100  U.  S.,  371.) 

President  to  procure  cession  of  jurisdiction,  etc. — The  President  of 
the  United  States  is  authorized  to  procure  the  assent  of  the  legisla- 
ture of  any  State,  within  which  any  purchase  of  land  has  been  made 
for  the  erection  of  forts,  magazines,  arsenals,  dock-yards  and  other 

16809—10 30 


466  UNITED   STATES   MILITAEY   RESERVATIONS,   ETC. 

needful  buildings  without  such  consent  having  been  obtained.  (Sec. 
1838,  U.  S.  Rev.  Stats.) 

Where  United  States  can  exercise  a  general  jurisdiction. — Special 
provision  is  made  in  the  constitution  for  the  cession  of  jurisdiction 
from  the  States  over  places  where  the  federal  government  shall  estab- 
lish forts,  or  other  military  works.  And  it  is  only  in  these  places,  or 
in  the  territories  of  the  United  States,  where  it  can  exercise  a  general 
jurisdiction.  (New  Orleans  v.  The  United  States,  10  Peters,  p.  737.) 

When  jurisdiction  limited. — When  they  acquire  such  lands  in  any 
other  way  than  by  purchase  with  the  consent  of  the  Legislature,  their 
exclusive  jurisdiction  is  confined  to  the  erections,  buildings  and  land 
used  for  the  public  purposes  of  the  Federal  Government.  (Fort 
Leavenworth  E.  R.  Co.  v.  Lowe,  114  U.  S.,  525.) 

State  can  not,  by  use  of  power  to  tax,  or  police  power,  interfere 
with  power  conferred  upon  Congress  ~by  the  Constitution. — Neither 
the  unlimited  powers  of  a  State  to  tax,  nor  any  of  its  large  police 
powers,  can  be  exercised  to  such  an  extent  as  to  work  a  practical  as- 
sumption of  the  powers  properly  conferred  upon  Congress  by  the 
Constitution.  (Railroad  Company  v.  Husen,  95  U.  S.,  465.) 

Cession  permitted  by  the  Constitution  of  the  United  States. — The 
Constitution  permits  a  State  to  cede  to  the  United  States  jurisdiction 
over  a  portion  of  its  territory.  (Benson  v.  The  United  States,  146 
U.  S.,  325.) 

When  conferred  by  the  Constitution. — When  the  United  States 
acquire  lands  within  the  limits  of  a  State  by  purchase,  with  the  con- 
sent of  the  Legislature  of  the  State,  for  the  erection  of  forts,  maga- 
zines, arsenals,  dock-yards,  and  other  needful  buildings,  the  Consti- 
tution confers  upon  them  exclusive  jurisdiction  of  the  tract  so  ac- 
quired. (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  525.) 

Jurisdiction  over  cemeteries. — From  the  time  any  State  legislature 
shall  have  given,  or  shall  hereafter  give,  the  consent  of  such  State  to 
the  purchase  by  the  United  States  of  any  national  cemetery,  the  juris- 
diction and  power  of  legislation  of  the  United  States  over  such  ceme- 
tery shall  in  all  courts  and  places  be  held  to  be  the  same  as  is  granted 
by  Section  eight,  Article  one,  of  the  Constitution  of  the  United 
States ;  and  all  provisions  relating  to  national  cemeteries  shall  be  ap- 
plicable to  the  same.  (Sec.  4882,  U.  S.  Rev.  Stats.) 

Act  of  Congress  powerless  to  confer — Cession  must  be  by  State 
legislature. — Held,  that,  notwithstanding  the  provision  in  'Section 
4872,  Revised  Statutes,  that  the  jurisdiction  of  the  United  States 
over  land  taken  for  a  national  cemetery,  by  the  right  of  eminent 
domain,  "  shall  be  exclusive,"  such  a  jurisdiction,  where  the  land  is 
within  a  State,  can  not  legally  be  vested  in  the  United  States,  except 
by  the  cession  of  the  State  legislature.  In  the  absence  of  such  ces- 
sion on  the  part  of  the  State  sovereignty,  an  Act  of  Congress  must 
be  powerless  to  confer  such  an  authority.  (Digest  of  Opins.  J.  A. 
GenL,  1901,  sec.  1764.  See  13  Opins.  Attys.  Genl.,  131.) 

National  cemeteries. — The  United  States  have  over  lands  within  a 
State  held  for  national  cemeteries  or  other  public  purposes,  which 
were  acquired  by  the  former  without  the  consent  of  the  State,  or  over 
which  the  latter  has  not  ceded  its  jurisdiction,  only  such  jurisdiction 
as  they  have  over  other  parts  of  the  State  wherein  they  possess  no 
property  interests. 


JURISDICTION.  467 

The  mere  ownership  of  the  land  does  not  put  the  United  States  in 
a  different  position,  as  regards  the  matter  of  jurisdiction  over  it,  than 
they  occupied  previous  to  its  acquisition;  nor  is  the  situation  of  the 
State,  with  reference  to  the  same  matter,  in  any  degree  altered 
thereby.  Strictly  speaking,  therefore,  where  the  United  States  own 
land  situated  within  the  limits  of  a  State,  but  over  which  they  have 
not  acquired  jurisdiction  from  the  State,  they  can  not  be  said  to  have 
any  local  jurisdiction  over  such  land.  (Vol.  14,  p.  557,  Opins.  Attys. 
Genl.) 

Cession  of  Federal  jurisdiction  by  /States. — In  construing  the  joint 
resolution  of  Congress  passed  September  11,  1841  (5  Stat.,  408),  it  is 
said :  Thus  it  appears  that  Congress  understood  "  consent  to  the  pur- 
chase "  and  "  cession  of  jurisdiction  "  as  concurrent,  if  not  identical, 
facts;  and  rightfully;  for  the  language  of  the  Constitution  is  that 
Congress  shall  have  power  "  to  exercise  exclusive  legislation  in  all 
cases  whatsoever,  over  such  district,  not  exceeding  10  miles  square,  as 
may,  by  cession  of  particular  States,  and  the  acceptance  of  Congress, 
become  the  seat  of  the  government  of  the  United  States,  and  to  exer- 
cise like  authority  over  all  places  purchased  by  the  consent  of  the  leg- 
islature of  the  State  in  which  the  same  shall  be,  for  the  erection  of 
forts,  magazines,  arsenals,  dock-yards,  and  other  needful  public 
buildings."  It  is  therefore  thoroughly  settled  by  numerous  adjudica- 
tions that  all  such  Federal  jurisdiction,  as  the  Constitution  contem- 
plates, is  acquired  by  the  United  States,  in  the  mere  consent  of  the 
State  to  the  purchase;  and  that  upon  such  consent,  the  jurisdiction  of 
the  State  ceases,  and  that  of  Congress  comes  in  by  virtue  of  the  Con- 
stitution. Phrases  in  legislative  acts  of  the  State  retaining  concur- 
rent jurisdiction  for  certain  purposes  do  not  impair  but  confer  on  the 
United  States  the  wrhole  jurisdiction  of  the  Constitution,  that  is, 
rights  of  Federal  legislation  coextensive  with  the  subject  matter. 
(Vol.  7,  p.  628,  Opins.  Attys.  Genl.) 

Session  of  jurisdicion  in  Florida. — The  general  act  of  the  Florida 
Legislature,  passed  June  6,  1855,  is  a  sufficient  cession  of  jurisdiction 
over  land  purchased  in  that  State  by  the  Federal  Government  for 
public  works.  (Vol.  9,  p.  94,  Opins.  Attys.  Genl.) 

How  far  State  laws  in  force  at  Old  Point  Comfort. — The  general 
laws  of  Virginia,  other  than  criminal,  which  do  not  conflict  with  those 
of  the  United  States  relating  to  forts,  and  which  do  not  interfere 
with  the  military  control,  discipline  and  use  of  Fortress  Monroe,  as 
a  Military  Post,  are  in  full  force  at  Old  Point  Comfort.  (Crook, 
Horner  &  Co.  v.  Old  Point  Comfort  Hotel  Company,  54  Fed.  Rep., 
604.) 

When  Clause  17,  Section  8,  Article  1,  Constitution  of  the  United 
States  applies. — Clause  17,  Section  8,  Article  1,  Constitution  of  the 
United  States,  giving  the  United  States  exclusive  jurisdiction  over  all 
places  purchased  by  consent  of  the*  legislature  of  the  State  in  which 
the  same  shall  be  for  the  erection  of  forts,  arsenals,  etc.,  applies  only 
to  lands  acquired  by  actual  purchase  accompanied  by  a  cession  of 
jurisdiction  by  the  State;  and  where  land  is  acquired  directly  from 
the  State  as  owner  by  an  act  of  cession  (as  in  the  case  of  Fortress 
Monroe)  the  constitutional  provision  does  not  apply,  and  the  United 
States  holds  the  land  only  as  provided  in  the  act  of  cession.  (Ibid.) 


468  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Conditional  cession  ("  Point  Peter  "  Case}.  —  The  act  of  the  legisla- 
ture of  Georgia  approved  December  22,  1808,  grants  jurisdiction  to 
the  United  States  over  all  lands  then  acquired,  or  which  may  there- 
after be  acquired  by  them,  for  the  purpose  of  erecting  forts  or  forti- 
fications in  that  State  ;  but  this  is  coupled  with  a  proviso  that  "  the 
said  United  States  do  or  shall  cause  forts  or  fortifications  to  be 
erected  thereon."  The  proviso  may  be  construed  to  operate  as  a  con- 
dition precedent,  which  renders  it  at  least  doubtful  whether  the 
cession  of  jurisdiction  as  to  any  land  was  intended  to  take  effect  until 
the  erection  of  a  fort  or  fortification  thereon.  (Vol.  18,  p.  384,  Opins. 
Attys.  Genl.) 

Can  only  be  acquired  by  the  United  States  in  mode  prescribed  by 
the  Constitution.  —  The  right  of  exclusive  legislation  within  the  ter- 
ritorial limits  of  any  state,  can  be  acquired  by  the  United  States  only 
in  the  mode  pointed  out  in  the  constitution,  by  purchase,  by  consent 
of  the  legislature  of  the  state  in  which  the  same  shall  be,  for  the  erec- 
tion of  forts,  magazines,  arsenals,  dock-yards,  and  other  needful  build- 
ings. The  essence  of  that  provision  is,  that  the  state  shall  freely 
cede  the  particular  place  to  the  United  States  for  one  of  the  specific 
and  enumerated  objects.  (The  People  against  Godfrey,  17  Johnson's 
Eep.,  225,  232.) 

Fort  Niagara  Case  (no  cession}.  —  The  land  on  which  Fort  Niagara 
is  erected,  never  having  been  actually  ceded  by  this  State  to  the 
United  States,  it  still  belongs  to  the  State;  and  its  courts  have  juris- 
diction of  all  crimes  or  offenses  against  the  laws  of  the  State,  com- 
mitted within  that  fort,  or  its  precincts  ;  though  it  has  been  garrisoned 
by  the  troops  of  the  United  States,  and  held  by  them  since  its  sur- 
render by  Great  Britain,  pursuant  to  the  treaties  of  1783,  and  1794-  ; 
for  the  United  States  acquired  no  territory  within  this  State  by  virtue 
of  those  treaties.  (Ibid.) 


NOTE.  —  rphe  foreg0ing  decision  was  rendered  in  October,  1819.  Since  then  tli(- 
State  Legislature,  by  an  Act  passed  April  21,  1840,  authorized  the  conveyance 
of  title  and  cession  of  jurisdiction,  and  in  accordance  with  said  act  the  Gov- 
ernor executed  a  conveyance  dated  July  8,  1841.  (See  Fort  Niagara.) 

Rented  lands  for  camp  not  within  the  terms  of  the  Constitution.  — 
Lands  rented  to  the  United  States  to  be  used  temporarily  as  a  camp, 
is  not  a  place,  wTithin  the  terms  of  the  Constitution  of  the  United 
States,  over  which  the  United  States  have  "  sole  and  exclusive  "  juris- 
diction. (United  States  v.  Tierney,  1  Bond,  571,  Circuit  Court  South- 
ern District  of  Ohio.) 

Legislative  consent  to  the  purchase  by  the  United  States  establishes 
the  jurisdiction  (Fort  Trumbidl,  Conn.,  case}.  —  It  is  not  questioned 
that  the  land  is  owned  by  the  United  States,  or  that  the  purchase  was 
with  the  consent  of  the  legislature  of  the  State.  There  is  wanting 
a  formal  deed  of  cession  which  the  legislature  intended  should  be 
executed  on  the  part  of  the  State.  •  Such  a  formality  is  not  necessary 
to  give  jurisdiction.  The  purchase  by  the  United  States,  and  the 
consent  of  the  legislature  to  the  purchase,  gave  to  Congress  the 
exclusive  power  of  legislation  over  the  purchased  land.  (Const., 
U.  S.,  Art.  1,  Sec.  8.)  A  legislative  consent  to  the  purchase  could  be 
given  either  before  or  after  the  purchase,  and  such  consent,  whenever 
given,  together  with  the  fact  of  purchase,  establishes  the  jurisdiction 
of  the  United  States.  (Vol.  13,  p.  411,  Opins.  Attys  Genl.,  citing  7 
ibid.,  628.) 


JURISDICTION.  469 

Of  State  orer  navigable  waters^  within  its  limits. — A  State  may 
exercise  jurisdiction  over  navigable  waters  within  its  limits  and 
subject  persons  and  property  thereon  to  the  civil  and  criminal  juris- 
diction of  its  courts,  in  the  absence  of  any  prohibition  in  the  National 
Constitution  or  laws.  (People  v.  Welch,  141  N.  Y.,  266.) 

Constitutional  law — Jurisdiction  of  State  courts — When  excluded 
by  the  action  of  Congress. — Whenever  it  is  within  the  power  of  Con- 
gress to  legislate,  it  is  competent  for  it  to  exclude  the  jurisdiction  of 
the  State  courts  in  respect  to  all  subjects  over  which  legislative  action 
is  authorized.  To  exclude  the  jurisdiction  of  State  Courts  over  mat- 
ters within  their  ordinary  jurisdiction,  the  intention  of  Congress  to 
exercise  this  power  should  be  distinctly  manifested,  and  the  legis- 
lation relied  upon  should  be  clear  and  unambiguous.  There  must  be 
express  words  of  exclusion  or  a  manifest  repugnancy  to  the  exercise 
of  State  authority  over  the  subject.  (Ibid.) 

Constitutional  conditions. — The  constitutional  conditions  are  two — 
purchase  by  the  United  States  and  consent  of  the  legislature  of  the 
State.  By  that  consent  the  State  voluntarily  and  knowingly  parts 
with  its  jurisdiction.  It  is  not  lost  on  the  mere  ownership  by  the 
United  States.  Vol.  6,  p.  577,  Opins.  Attys.  Genl.,  citing  The  People 
v.  Godfrey,  17  Johnson's  Rep.  255,  and  Commonwealth  v.  Young, 
Bright 's  Rep.,  302.) 

Object  and  legal  effect  of  Staters  reservation  to  serve  process. — It  is 
well  settled  that  the  sole  object  and  only  legal  effect  of  such  reserva- 
tions by  the  State  (such  as  retaining  concurrent  jurisdiction  for  serv- 
ice of  process,  etc.,  not  incompatible  with  the  grant)  is  to  prevent 
those  places  from  becoming  a  sanctuary  for  fugitives  from  justice  for 
acts  done  within  the  acknowledged  jurisdiction  of  the  State.  (Ibid. ; 
citing  United  States  v.  Cornell,  2  Mason,  p.  60 ;  United  States  v. 
Davis,  5  Mason,  p.  856 ;  Commonwealth  v.  Clary,  8  Mass.,  p.  72,  and 
Mitchell  v.  Tibbetts,  17  Pickering,  p.  298.) 

Is  conferred  Inj  the  Constitution  upon  the  Federal  Government 
over  lands  within  a  State  acquired  by  purchase.— Exclusive  jurisdic- 
tion is  conferred  upon  the  Federal  Government  by  the  Constitution 
of  the  United  States  over  land  within  a  State  acquired  by  its  pur- 
chase with  the  consent  of  the  State's  legislature.  The  reservation 
by  the  State  that  civil  and  criminal  process  of  its  courts  may  be 
served  within  the  limits  so  acquired,  is  not  incompatible  with  the 
exclusive  jurisdiction  of  the -Federal  Government  but  is  made  to  pre- 
vent such  places  from  becoming  sanctuaries  for  debtors  and  crimi- 
nals. (Foley,  etc.,  v.  Shriver,  etc.,  81  Va.,  p.  568;  citing  the  fol- 
lowing: Fort  Lea  von  worth  Railroad  Company  v.  Lowe,  114  U.  S., 
525 ;  United  States  v.  Cornell,  2  Mason,  60 ;  Commonwealth  v.  Clary, 
8  Mass.,  72;  Mitchell  v.  Tibbetts,  17  Pickering,  298,  and  Sinks  v. 
Reese,  19  Ohio  State  Rep.,  306.) 

Same. — "  The  National  Home  for  Disabled  Volunteer  Soldiers," 
situated  within  the  limits  of  Elizabeth  City  County,  in  this  State 
(Virginia),  upon  land  purchased  by  the  United  States  with  the  con- 
sent of  the  State  legislature,  is  a  corporation  created  under  the  laws 
of  Congress,  and  is  under  the  exclusive  jurisdiction  of  the  Federal 
Government.  Its  officers  are  disbursing  officers  of  the  United  States, 
and  the  funds  in  their  hands  as  such,  can  not  be  attached  or  gar- 
nisheed  under  process  from  a  State  court.  (Ibid.) 


470  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

When  grant  of  power  to  Congress  excludes  right  of  State. — The 
grant  of  power  to  Congress  excludes  the  right  of  the  State  over  the 
same  subject  only  where  the  grant  is  in  express  terms  an  exclusive 
authority  to  the  Union,  or  where  the  grant  to  Congress  is  coupled 
with  a  prohibition  to  the  States  to  exercise  the  same  power,  or  where 
the  grant  to  the  one  would  be  repugnant  to  the  exercise  of  a  similar 
authority  by  the  other.  (Weaver  t\  Fegely,  29  Pa.  State  Rep.,  27.) 

Mere  purchase  of  land  liy  United  States  does  not  oust  jurisdic- 
tion of  State. — The  purchase  of  lands  by  the  United  States  for  pub- 
lic purposes,  within  the  territorial  limits  of  a  State,  does  not  of  itself 
oust  the  jurisdiction  or  sovereignty  of  such  State  over  such  lands  so 

Sirchased.  (United  States  v.  Cornell,  2  Mason,  60,  Circuit  Court, 
istrict  of  Rhode  Island,  November  Term,  1810.) 

Same. — Exclusive  jurisdiction  is  the  necessary  attendant  upon 
exclusive  legislation.  (Ibid.) 

Consent  of  State  to  purchase  of  lands  ~by  the  United  States  carries 
with  it  exclusive  jurisdiction. — The  Constitution  of  the  United  States 
declares  that  Congress  shall  have  power  to  exercise  "  exclusive  legis- 
lation "  in  all  "  cases  whatsoever  "  over  all  places  purchased  by  the 
consent  of  the  legislature  of  the  State  in  which  the  same  shall  be  for 
the  erection  of  forts,  magazines,  arsenals,  dockyards,  and  other  need- 
ful buildings.  When,  therefore,  a  purchase  of  land  for  any  of  these 
purposes  is  made  by  the  national  government,  and  the  State  legis- 
lature has  given  its  consent  to  the  purchase,  the  land  so  purchased  by 
the  very  terms  of  the  Constitution,  ipso  facto,  falls  within  the  exclu- 
sive legislation  of  Congress,  and  the  State  jurisdiction  is  completely 
ousted.  (Ibid.  Reaffirmed  June  Term,  1820.) 

Must  be  free  from  interference  of  State — Exemption  from  State 
control  essential  to  the  sovereign  authority  of  the  United  States. — 
When  the  United  States  acquire  lands  within  the  limits  of  a  State, 
with  the  consent  of  the  legislature  of  the  State,  for  the  erection  of 
forts,  arsenals,  dock-yards,  and  other  needful  buildings,  the  Consti- 
tution confers  upon  them  exclusive  jurisdiction  of  the  tract  so  ac- 
quired; but  when  they  acquire  such  lands  in  an}^  other  way  than  by 
purchase  with  the  consent  of  the  legislature  they  will  hold  the  lands 
subject  to  this  qualification;  that  if  upon  them  forts,  arsenals  or 
other  public  buildings  are  erected  for  the  use  of  the  General  Gov- 
ernment, such  buildings  with  their  appurtenances,  as  instrumentali- 
ties for  the  execution  of  its  powers  will  be  free  from  any  such  in- 
terference and  jurisdiction  of  the  State  as  would  destroy  or  impair 
their  effective  use  for  the  purposes  designed.  Such  is  the  law  with 
reference  to  all  instrumentalities  created  by  the  General  Government. 
Their  exemption  from  State  control  is  essential  to  the  independence 
and  sovereign  authority  of  the  United  States  within  the  sphere  of 
their  delegated  powers.  But  when  not  used  as  such  instrumentalities, 
the  legislative  power  of  the  State  will  be  as  full  and  complete  as  over 
any  other  places  within  her  limits.  (Fort  Leavenworth  R.  R.  Co.  v. 
Lowe,  114  U.  S.,  525,  539.) 

When  exclusive  jurisdiction  suspended. — A  lease  by  the  United 
States  to  a  city  for  market  purposes,  of  vacant  land  which  was  a  part 
of  land  ceded  by  the  State  to  the  United  States  for  the  purpose  of  a 
navy-yard  and  naval  hospital  with  a  provision  that  the  United  States 
may  retain  such  use  and  jurisdiction  no  longer  than  the  premises  are 
used  for  such  purposes,  operates,  at  least  while  the  lease  is  in  force,  to 


JURISDICTION.  471 

suspend  the  exclusive  authority  and  jurisdiction  of  the  United  States 
over  the  leased  land,  and  thereby  makes  it  subject  to  the  jurisdiction 
of  State  courts  in  an  action  of  ouster  therefrom.  (Palmer  v.  Barrett, 
162  U.  S.,  399.) 

Of  United  States  over  reservations  in  Territories  paramount — To 
retain  exclusive  jurisdiction  it  must  be  reserved  by  Congress  when 
admitting  such  Territory  as  a  State. — Over  lands  reserved  for  mili- 
tary or  other  governmental  purposes  in  the  Territories  the  jurisdic- 
tion of  the  United  States  is  .necessarily  paramount.  When  a  Terri- 
tory is  admitted  as  a  State  it  is  within  the  power  of  Congress  to 
stipulate  for  the  power  of  exclusive  jurisdiction  over  such  reser- 
vations, or  to  exempt  them  from  the  jurisdiction  of  the  State.  Fail- 
ing to  do  this,  however,  the  State  can  exercise  such  authority  and 
jurisdiction  over  them  as  over  similar  property  held  by  private  indi- 
viduals; and  the  United  States  can  acquire  exclusive  jurisdiction 
only  when  the  same  has  been  formally  ceded  by  the  legislature  of  the 
State  in  which  the  lands  are  situated.  (Fort  Leavenworth  R.  R.  Co. 
v.  Lowe,  114  U.  S.,  525.) 

When  the  United  States  and  State  have  concurrent  jurisdiction. — 
The  same  offence  may  be  made  punishable  both  under  the  laws  of 
the  State  and  of  the  United  States  and  over  such  offences  the  State 
and  federal  courts  have  concurrent  jurisdiction.  In  cases  of  concur- 
rent jurisdiction  the  court  that  first  gets  control  of  the  subject-matter 
will  continue  to  exercise  jurisdiction  until  judgment,  without  molesta- 
tion or  interference  from  the  other;  this  is  the  proper  course  to  pur- 
sue in  criminal  as  well  as  civil  cases.  (United  States  v.  Wells,  Dis- 
trict Court,  District  of  Minnesota,  January,  1872.) 

How  lost  and  restored. — Jurisdiction  over  the  lands  lying  within 
the  limits  of  the  military  reservation  of  Fort  Leavenworth  passed 
from  the  United  States  to  the  State  of  Kansas  under  the  operation  of 
the  act  of  June  22,  1861,  Chapter  20,  admitting  that  State  into  the 
Union ;  and  to  restore  such  jurisdiction  to  the  United  States,  a  cession 
thereof  by  the  State  is  necessary.  (Vol.  14,  p.  33,  Opins.  Attys.  Genl.) 

Use  of  military  reservation  can  not  be  inquired  into  upon  a  question 
of. — The  land  claimed  by  the  Secretary  of  the  Interior  (part  of  the 
Fort  Leavenworth  Military  Reservation)  as  a  portion  of  the  territory 
allotted  to  the  Delaware  tribe  of  Indians  never  was  a  portion  of  said 
territory,  but  was  legally  reserved  by  the  President  for  military  pur- 
poses. '(United  States  v.  Stone,  2  Wall.,  p.  525.)  In -Benson  v.  The 
United  States,  the  court,  after  citing  above  case,  say :  "  The  char- 
acter and  purposes  of  its  occupation  having  been  officially  and  legally 
established  by  that  branch  of  the  government,  which  has  control  over 
such  matters,  it  is  not  open  to  the  courts,  on  a  question  of  jurisdiction, 
to  inquire  what  may  be  the  actual  uses  to  which  any  portion  of  the 
reserve  is  temporarily  put."  (Benson  v.  The  United  States,  146  U.  S. 
Rep.,  p.  331.) 

How  far  a  /State  may  prescribe  conditions  to  the  cession  of. — A 
State  may  cede  to  the  United  States  exclusive  jurisdiction  over  land 
within  its  limits  in  a  manner  not  provided  for  in  the  Constitution  of 
the  United  States,  and  may  prescribe  conditions  to  the  cession,  if  they 
are  not  inconsistent  with  the  effective  use  of  the  property  for  the  pur- 
poses intended.  (Fort  Leavenworth  R.  R.  Co.  v.  Lowe,  114  U.  S. 
Rep.,  525.) 


472  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

The  subject  of  "  Jurisdiction  "  has  been  further  treated  in  an  opin- 
ion of  the  Judge  Advocate  General  of  the  Army,  rendered  December 
30,  1895,  as  follows: 

"  Jurisdiction  over  territory  in  a  State  may  be  acquired  by  the 
United  States,  under  the  seventeenth  clause  of  section  8  of  article  1 
of  the  Constitution,  by  the  purchase  of  such  territory,  with  the  consent 
of  the  State,  '  for  the  erection  of  forts,  magazines,  arsenals,  dock- 
yards and  other  needful  buildings.'  The  Constitution  gives  Congress 
the  power  of  exercising  exclusive  legislation  over  such  place,  and  this 
is  held  to  mean  exclusive  jurisdiction.  The  State's  consent  to  the 
purchase  for  any  one  of  these  constitutional  purposes  invests  the 
United  States  with  exclusive  jurisdiction,  and  the  State  can  not,  even 
by  the  express  language  of  its  legislation,  reserve  to  itself  any  part  of 
this  jurisdiction.  (The  reservation  of  the  right  of  serving  process 
for  causes  of  action  arising  outside  such  territory  is  not  held  to  be  an 
actual  reservation  of  a  part  of  the  exclusive  jurisdiction  intended  to 
be  vested  in  the  United  States.)  But  it  would  seem  that  this  is  only 
true  when  the  purchase  is  for  one  of  the  constitutional  purposes.  By 
correct  construction,  '  other  needful  buildings '  would  mean  buildings 
of  the  same  character  as  those  specified — buildings  intended  for  mili- 
tary or  defensive  purposes.  A  more  comprehensive  meaning  has, 
indeed,  been  sometimes  given  to  the  expression,  but  no  justification 
for  such  construction  is  found. 

"  In  Pinckney's  draft  of  a  constitution  there  was  this  clause :  '  To 
provide  such  dockyards  and  arsenals  and  erect  such  fortifications  as 
may  be  necessary  for  the  United  States,  and  to  exercise  exclusive 
jurisdiction  therein.'  (This  draft  was  submitted  May  29,  1787.) 

"  There  was  no  corresponding  provision  in  the  Constitution  re- 
ported by  the  committee  of  detail,  August  6,  but  the  committee  of 
eleven,  by  report  of  September  5,  recommended  the  adoption  of  the 
clause  as  it  now  reads,  except  that  it  did  not  have  the  words,  '  by 
the  consent  of  the  legislature  of  the  State.'  In  the  debate  on  the 
proposition  Mr.  Gerry  contended  that  this  power  might  be  made  use 
of  to  enslave  any  particular  State  by  buying  up  its  territory,  and  that 
the  strongholds  proposed  would  be  a  means  of  awing  the  State  into 
an  undue  obedience  to  the  general  government.  Mr.  King  thought 
himself  the  provision  unnecessary,  the  power  being  already  involved ; 
but  would  move  to  insert,  after  the  word  '  purchased,'  the  words  c  by 
the  consent  of  the  legislature  of  the  State.'  This  would  certainly 
make  the  power  safe.  (5  Elliot's  Debates,  511.) 

"And  in  the  Federalist  (No.  43)  it  is  said:  'Nor  would  it  be 
proper  for  the  places  on  which  the  security  of  the  entire  Union  may 
depend  to  be  in  any  degree  dependent  on  a  particular  member  of  it.' 

"  So  Story  says   (section  1224)  :  '  The  other  part  of  the  power, 

fiving  exclusive  legislation  over  places  ceded  for  the  erection  of 
orts,  magazines,  etc.,  seem  still  more  necessary  for  the  public  con- 
venience and  safety.  The  public  money  expended  on  such  places, 
and  the  public  property  deposited  in  them,  and  the  nature  of  the  mili- 
tary duties  which  may  be  required  there,  all  demand  that  they  should 
be  exempted  from  State  authority.  In  truth,  it  would  be  wholly  im- 
proper that  places  on  which  the  security  of  the  entire  Union  may 
depend  should  be  subject  to  the  control  of  any  member  of  it.  The 
power,  indeed,  is  wholly  unexceptionable,  since  it  can  only  be  exer- 
cised at  the  will  of  the  State;  and  therefore  it  is  placed  beyond  all 


JURISDICTION.  473 

reasonable  scruple.  Yet  it  did  not  escape  without  the  scrutinizing 
jealousy  of  the  opponents  of  the  Constitution,  and  was  denounced 
as  dangerous  to  State  sovereignty.' 

"And,  as  observed  by  Judge  Seaman  (In  re  Kelly,  71  Fed.  Rep., 
545,  549)  : 

" '  The  rule  thus  stated?  whereby  legislative  consent  operates  as  a 
complete  cession,  is  applicable  only  to  objects  which  are  specified 
in  the  above  provision,  and  can  not  be  held  to  so  operate,  ipso  facto, 
for  objects  not  expressly  included  therein.  Whether  it  rests  in  the 
discretion  of  Congress  to  extend  the  provision  to  objects  not  specific- 
ally enumerated,  although  for  national  purposes,  upon  declaration  as 
"needful  buildings,"  and  thereby  secure  exclusive  jurisdiction,  is  an 
inquiry  not  presented  by  this  legislation  (see  114  U.  S.,  541)  ;  and  I 
think  it  can  not  be  assumed  by  way  of  argument  that  such  power  is 
beyond  question.  In  New  Orleans  v.  United  States  (10  Pet.,  662, 
737)  the  opinion  of  the  Supreme  Court  is  expressed  by  Mr.  Justice 
McLean,  without  dissent,  as  follows: 

" ' "  Special  provision  is  made  in  the  Constitution  for  the  cession 
of  jurisdiction  from  the  States  over  places  where  the  Federal  govern- 
ment shall  establish  forts  or  other  military  works.  And  it  is  only 
in  these  places,  or  in  the  territories  of  the  United  States,  where  it  can 
exercise  a  general  jurisdiction."  ! 

"And  in  United  States  v.  Bevans  (3  Wheat.,  336,  390)  the  claim 
was  urged  that  the  words  c  other  place  '  would  include  a  ship  of  war 
of  the  United  States  lying  at  anchor  in  Boston  harbor,  and  bring  it 
within  the  statute  defining  murder  committed  '  within  any  fort, 
arsenal,  dockyard,  magazine,  or  in  any  other  place  or  district  of 
country  under  the  sole  jurisdiction  of  the  United  States; '  but  it  was 
stated  by  the  court,  through  Chief  Justice  Marshall,  that  '  the  con- 
struction seems  irresistible  that  by  the  words  "  other  place  "  was  in- 
tended another  place  of  a  similar  character  with  those  previously 
enumerated ; '  that  '  the  context  shows  the  mind  of  the  legislature  to 
have  been  fixed  on  territorial  objects  of  a  similar  character.'  (See, 
also,  The  Federalist,  No.  43,  by  Madison.) 

"  Section  355  of  the  Revised  Statutes  prescribes  that  no  public 
money  shall  be  expended  upon  any  site  or  land  purchased  by  the 
United  States  for  the  purposes  of  erecting  thereon  any  armory,  arse- 
nal, fort,  fortification,  navy-yard,  custom-house,  light-house,  or  other 
building,  of  any  kind  whatever,  until  the  consent  of  the 

legislature  of  the  State  in  which  the  land  or  site  may  be,  to  such  pur- 
chase, has  been  given.  This  section  is  in  part  based  on  the  clause  of 
the  Constitution  referred  to,  and  in  part  not.  The  consent  of  the 
State  to  a  purchase,  given  in  order  to  satisfy  the  requirement  of  this 
section,  would  invest  the  United  States  with  exclusive  jurisdiction, 
if  the  purchase  be  for  one  of  the  constitutional  purposes ;  but  the  sec- 
tion provides  for  other  purposes  also,  and  as  to  these  it  would  seem 
that  a  simple  consent  to  the  purchase  (assuming  that  such  consent, 
being  for  a  purpose  not  falling  under  the  clause  of  the  Constitution, 
amounts  to  a  cession  of  jurisdiction)  would  only  carry  with  it  so 
much  jurisdiction  as  would  be  necessary  for  the  purpose  of  the  pur- 
chase. Probably  this  would  be  held  to  be  concurrent  jurisdiction. 
Taking  into  consideration  the  fact  that  States  can  not,  under  any  cir- 
cumstances, interfere  with  the  instrumentalities  of  the  government  of 
the  United  States,  it  may,  indeed,  be  questioned  whether,  even  under 


474  UNITED   STATES   MILITARY  RESERVATIONS,  ETC. 

this  view,  unnecessary  precautions  have  not  been  taken  in  regard  to 
the  acquisition  of  jurisdiction ;  and  certainly  it  can  not  be  presumed 
that  a  State  intends  to  part  with  more  of  its  sovereignty  than  is  neces- 
sary. A  consent  to  the  purchase,  under  section  355,  Revised  Statutes, 
if  the  purchase  be  for  other  than  one  of  the  purposes  described  in  the 
clause  of  the  Constitution,  may,  therefore,  be  accompanied  with  any 
limitations  not  interfering  with  an  instrumentality  of  the  government 
of  the  United  States. 

"  The  most  common  way  of  acquiring  jurisdiction,  however,  is  by 
the  State's  expressly  ceding  it  to  the  United  States.  In  such  case  the 
State  may  make  similar  limitations,  and  this  even  if  the  place  be  used 
by  the  United  States  for  one  of  the  purposes  mentioned  in  the  clause 
of  the  Constitution.  To  bring  the  case  under  the  clause  there  must 
be  a  purchase  with  consent.  (Dig.  Opins.,  J.  A.  G.,  1901,  sec.  672; 
citing  Fort  Leavenwrorth  R.  R.  Co.  v.  Lowe,  114  U.  S.,  539 ;  Chicago 
and  Pacific  Ry.  Co.  v.  McGlinn,  114  U.  S.,  542;  Benson  v.  U.  S.,  146 
U.  S.,  331;  in  re  Kelly,  71  Fed.  Rep.,  545;  in  re  Ladd,  74  Fed.  Rep., 
31.)" 

Award — /Submission  not  binding  unless  authorized  ~by  act  of  Con- 
gress—-No  officer  of  the  United  States  has  authority  to  enter  into  a 
submission  in  their  behalf,  which  shall  be  binding  on  them,  unless 
the  power  is  given  by  a  special  act  of  Congress.  (United  States  v. 
Ames,  24  Fed.  Cases,  p.  784.) 

Same — Can  not  be  pleaded  in  bar  of  an  action  of  trespass  unless 
authorized  by  Congress. — The  United  States  had  machinery  in  opera- 
tion, carried  by  water,  on  land  which  had  been  sold  to  them,  and  over 
which  jurisdiction  had  been  ceded  to  them  by  the  State  of  Massachu- 
setts. A  owned  mills  above  and  below  them  on  the  same  stream,  and 
the  qjam  of  each  party  flowed  back  so  as  to  obstruct  the  other.  A  sub- 
mission of  the  matters  in  dispute  was  entered  into  by  A  on  the  one 
part  and  by  the  District  Attorney,  authorized  by  the  Solicitor  of  the 
Treasury,  or  War  Department,  on  the  other  part,  but  without  any 
authority  from  Congress ;  and  an  award  was  made  thereon,  prescrib- 
ing the  height  of  the  dam.  The  United  States  afterwards  brought 
an  action  of  trespass  against  A  for  flowing  their  land.  He  pleaded 
a  special  bar  of  the  award,  alleging  that  he  had  complied  with  its 
terms.  On  general  demurrer  it  was  held  that  the  special  plea  could 
not  be  sustained.  (Ibid.) 

When  State  legislature  can  not  interfere  with  exercise  of  exclusive 
jurisdiction  by  Congress. — Whenever  the  terms  in  which  a  power  is 
granted  by  the  Constitution  or  the  nature  of  the  power  itself,  requires 
that  it  should  be  exercised  exclusively  by  Congress,  State  legislature 
can  not  interfere.  (Sturgis  v.  Crowninshield,  4  Wheat.,  122.) 

Effect  of  reservation  of  concurrent  jurisdiction  by  State  to  serve 
process. — Where  a  State  grants  land  to  the  general  government, 
reserving  to  it  a  concurrent  jurisdiction  in  executing  process  therein, 
for  offences  committed  out  of  it,  the  federal  courts  have  exclusive 
jurisdiction  of  offences  committed  within  such  territory.  (United 
States  v.  Travers,  28  Fed.  Cases,  p.  204.  See  United  States  v.  Penn., 
48  Fed.  Rep.,  669.) 

The  lex  rei  sitce  governs  when  no  cession  by  State,  except  when  in 
conflict  with  the  Constitution,  treaties,  or  statutes  of  the  United 
States. — When  the  United  States  own  land,  situated  within  the  limits 
of  particular  States,  and  over  which  they  have  no  cession  of  jurisdic- 


JURISDICTION.  475 

tion,  for  objects  either  special  or  general,  the  rights  and  remedies  in 
relation  to  it  are  usually  such  as  apply  to  other  landowners  within 
the  State,  and  the  lex  rei  sitce  will  govern ;  except  where  the  Constitu- 
tion, treaties  or  Statutes  of  the  United  States,  otherwise  require  and 
provide.  (United  States  v.  Ames,  24  Fed.  Cases,  p.  784.) 

The  Territory  belonging  to  the  United  States  over  which  jurisdic- 
tion has  been  ceded,  subject  to  laws  of  Congress  and  not  to  those  of 
State — Exception. — The  territory  belonging  to  the  United  States,  not 
situated  within  the  limits  of  any  State,  is  subject  to  the  laws  of  Con- 
gress. That  within  such  limits,  but  over  which  jurisdiction  has  been 
ceded  to  the  United  Stat.es,  and  which  is  used  for  exclusive  and  con- 
stitutional objects,  is  likewise  subject  to  said  laws,  and  not  to  those  of 
the  State,  except  when  they  were  enacted  before  the  cession  of  juris- 
diction and  do  not  conflict  in  any  degree  with  what  has  been  required 
or  provided  by  the  general  government.  (Ibid.) 

When  United  States  may  resort  to  common  law  or  laws  of  States 
for  injuries  to  public  property. — The  United  States,  in  cases  when 
Congress  has  not  provided  any  or  adequate  remedies  for  injuries  to 
public  property,  may  resort  to  those  of  common  law  origin,  or  those 
provided  by  the  law  of  the  several  States.  (Ibid.) 

Same. — But  in  places  over  which  jurisdiction  has  been  ceded  to 
the  United  States  the  State  laws  can  not  be  permitted  to  thwart  or 
embarrass  the  object  of  the  cession.  (Ibid.) 

Case  in  point. — It  seems  the  laws  of  Massachusetts  respecting  flow- 
age  do  not  apply  to  the  case  of  machinery  used  by  the  United  States 
for  public  purposes,  in  a  place  over  which  jurisdiction  has  been  ceded 
to  the  United  States,  so  as  to  authorize  a  mill  owner  to  flow  back  in 
a  way  to  impair  in  any  degree  the  use  of  the  machinery.  (Ibid.) 

State  courts  can  not  take  cognizance  of  offences  committed  upon 
lauds  belonging  to  the  United  States  purchased  with  consent  of 
State. — The  Courts  of  the  Commonwealth  can  not  take  cognizance  of 
offences  committed  upon  lands  in  the  town  of  Springfield,  which  have 
been  purchased  by  the  United  States  for  the  purpose  of  erecting 
arsenals,  etc.,  to  which  the  consent  of  the  Commonwealth  was  granted 
by  the  Statute  of  1798,  Chapter  13.  (Commonwealth  v.  Clary,  8 
Mass.,  72.)  The  Chief  Justice,  in  delivering  the  opinion  of  the  court, 
said :  "  We  are  of  opinion  that  the  territory,  on  which  the  offence 
charged  is  agreed  to  have  been  committed,  is  the  territory  of  the 
United  States,  over  which  the  Congress  have  the  exclusive  power  of 
legislation.  The  assent  of  the  commonwealth  to  the  purchase  of  this 
territory  by  the  United  States,  had  this  condition  annexed  to  it — that 
civil  and  criminal  process  might  be  served  therein  by  the  officers  oi 
the  Commonwealth.  This  condition  was  made  with  a  view  to  prevent 
the  territory  from  becoming  a  sanctuary  for  debtors  and  criminals; 
and  from  the  subsequent  assent  of  the  United  States  to  the  said 
condition,  evidenced  by  their  making  the  purchase,  it  results  that  the 
officers  of  the  Commonwealth,  in  executing  such  process,  act  under 
the  authority  of  the  United  States.  No  offences  committed  within 
that  territory,  are  committed  against  the  laws  of  this  Commonwealth ; 
nor  can  such  offences  be  punishable  by  the  courts  of  the  Common- 
wealth unless  the  Congress  of  the  United  States  should  give  to  the 
said  courts  jurisdiction  thereof.  *  *  *  An  objection  occurred  to 
the  minds  of  some  members  of  the  court  that  if  the  laws  of  the  Com- 
monwealth have  no  force  within  this  territory,  the  inhabitants  thereof 


476  UNITED   STATES   MILITARY  HESERVATIONS,  ETC. 

can  not  exercise  any  civil  or  political  privileges,  under  the  laws  of 
Massachusetts,  within  the  town  of  Springfield.  We  are  agreed  that 
such  consequence  necessarily  folloAvs,  and  we  think  that  no  hardship 
is  thereby  imposed  on  those  inhabitants;  because  they  are  not  inter- 
ested in  any  elections  made  within  the  State,  or  held  to  pay  any  taxes 
imposed  by  its  authority,  nor  bound  by  any  of  its  laws.  And  it 
might  be  very  inconvenient  to  the  United  States  to  have  their  labor- 
ers, artificers,  officers,  and  other  persons  employed  in  their  service, 
subjected  to  the  services  required  by  the  Commonwealth  of  the  inhab- 
itants of  the  several  towns.  It  will  be  noticed  that  in  this  decision 
we  make  a  distinction  between  persons  who  actually  dwell  within  the 
territory  owned  by  the  United  States,  and  the  laborers  and  artificers 
employed  therein,  who  have  their  dwelling  elsewhere." 

Reservation  to  serve  process  ~by  State  operates  as  a  condition  of  the 
grant. — It  seems  that  a  reservation  on  a  cession  of  concurrent  juris- 
diction to  serve  process,  civil  and  criminal,  in  the  ceded  place,  does 
not  exclude  the  exclusive  legislation  or  exclusive  jurisdiction  of  the 
United  States  over  the  ceded  places.  It  merely  operates  as  a  condi- 
tion of  the  grant.  (United  States  v.  Davis,  5  Mason,  356,  Circuit 
Court,  Eastern  District,  Mass.) 

Liquor  or  ~beer  introduced  at  a  military  post  situated  upon  an 
Indian  Reservation  over  which  the  United  States  hare  exclusive  juris- 
diction not  subject  to  operation  of  State  laws. — Where  certain  beer, 
alleged  to  be  intoxicating,  was  attempted  to  be  introduced  at  the 
post  of  Fort  Yates,  situated  upon  an  Indian  Reservation  in  North 
Dakota,  exclusive  jurisdiction  over  which  is  vested  in  the  United 
States,  held,  that  the  admission  or  sale  of  such  liquor  would  be  an 
offense  against  the  United  States,  not  against  the  state,  since  the  Act 
of  August  8,  1890,  providing  that  intoxicating  liquor  shipped  into  a 
state  shall  be  subject  to  the  operation  of  the  state  laws  as  soon  as  it 
enters  the  territory  of  the  state,  can  not  apply  to  a  district  over  which 
the  United  States  has  exclusive  jurisdiction,  and  therefore  that  the 
state  authorities  would  not  be  empowered  to  make  a  seizure  of  such 
beer.  (Digest  Opins.  J.  A.  Gem1.,  1901,  sec.  2287.) 

Grant  of  right  of  way  across  military  reservation  does  not  oust 
exclusive  jurisdiction. — Held,  that  the  Act  of  Congress  granting  to 
the  West  Shore  Railroad  Company  a  right  of  way  across  a  part  of 
the  military  reservation  at  West  Point,  N.  Y.,  did  not  operate  to  oust, 
as  to  such  way,  the  exclusive  jurisdiction  over  the  reservation  pre- 
viously ceded  by  the  State  to  the  United  States.  It  simply  imposed 
upon  the  military  authorities  the  duty  of  not  interfering  with  the 
legitimate  use  of  its  right  by  the  railroad  company.  (Ibid.,  sec.  687.) 

Consent  to  purchase  may  ~be  given  ~by  general  act  of  the  State. — A 
State  may  give  consent  by  one  general  Act,  prospective  in  terms  and 
covering  all  future  purchases  by  the  United  States.  (Vol.  15,  p.  480, 
Opins.  Attys.  Genl.) 

Evidence — County  records  inadmissible  to  prove  cession. — Where 
the  statutes  of  a  State  provide  that  certain  copies  or  certificates  of 
archives  of  the  State  department  shall  be  received  in  evidence  in  all 
cases  in  which  the  originals  would  be  evidence,  an  original  record 
book  of  a  County  in  which  the  cession  of  lands  to  the  United  States 
for  a  fort  has  also  been  recorded  is  not  admissible  in  evidence  to  estab- 
lish such  cession.  (Lasher  v.  The  State,  30  Texas  Appeals,  387.) 


JURISDICTION.  477 

Of  State  courts  over  crimes  committed  in  places  ceded  to  the  United 
States. — When  a  State  cedes  to  the  United  States  lands  for  forts,  etc., 
reserving  concurrent  jurisdiction  to  serve  State  process,  civil  and 
criminal,  in  the  ceded  places,  such  reservation  merely  operates  as  a 
condition  of  the  grant,  and  does  not  defeat  the  exclusive  jurisdiction 
of  the  United  States  over  such  place,  and  the  State  courts  have  no 
jurisdiction  of  crimes  committed  therein.  (Ibid.) 

Judicial  notice  taken  of  cession  of  'portion  'of  territory  of  State. — 
The  cession  of  a  portion  of  the  territory  of  a  State  to  exclusive  foreign 
jurisdiction  and  control  is  one  of  the  highest  acts  of  sovereignty  af- 
fecting the  people  of  the  State  at  large,  and  courts  of  the  State  will 
take  judicial  knowledge  of  the  fact  of  cession,  and  that  crimes  com- 
mitted within  the  ceded  territory  are  beyond  the  jurisdiction  of  the 
State  courts.  (Ibid.) 

Effect  of  cession  by  State — New  restrictions. — An  act  of  the  legis- 
lature of  a  State  ceding  to  the  United  States  the  jurisdiction  of  the 
State  over  a  tract  of  land  used  as  a  military  reservation,  upon  condi- 
tion that  such  jurisdiction  shall  continue  only  so  long  as  the  United 
States  shall  own  and  occupy  such  reservation;  that  the  State  shall 
have  the  right,  within  the  reservation,  to  serve  civil  process,  and  to 
execute  criminal  process  against  persons  charged  with  crime  com- 
mitted within  the  State;  and  that  roads  may  be  opened  and  kept  in 
repair  within  such  reservation,  cedes  to  the  United  States  the  entire 
political  jurisdiction  of  the  State  over  the  place  in  question,  includ- 
ing judicial  and  legislative  jurisdiction,  except  as  to  service  of  process 
and  opening  of  roads,  and  the  same  can  not  be  affected  or  further 
limited,  without  the  consent  of  the  United  States,  by  a  subsequent 
act  of  the  State  legislature  attempting  to  impose  additional  restric- 
tions on  the  jurisdiction  ceded.  (In  re  Ladd,  74  Fed.  Rep.,  31.) 

Judicial  officers. — After  such  cession  a  Justice  of  the  Peace,  acting 
under  authority  of  the  State,  has  no  jurisdiction  over  the  ceded  terri- 
tory in  matters  of  alleged  criminal  violation  of  the  laws  of  the  State 
committed  on  such  territory.  (Ibid.) 

Ciril  and  criminal  laws. — While,  after  such  cession,  the  municipal 
laws  of  the  State  governing  property  and  property  rights  continue  in 
force  in  the  ceded  territory,  except  so  far  as  in  conflict  with  the  laws 
and  regulations  of  the  United  States  applying  thereto,  the  criminal 
laws  of  the  State  cease  to  be  of  force  within  the  ceded  territory,  and 
laAvs  regulating  the  sale  of  intoxicating  liquors,  requiring  a  license 
therefor,  and  punishing  unlicensed  sales,  cease  to  be  operative,  both  as 
in  conflict  with  the  regulations  of  the  United  States  governing  mili- 
tary reservations  and  as  penal  in  their  character.  (Ibid.) 

Cession  of,  when  United  States  can  not  accept. — The  United  States 
can  not  accept  a  cession  of  jurisdiction  from  a  State  coupled  with  a 
condition  that  crimes  committed  within  the  limits  of  the  jurisdiction 
ceded,  shall  continue  to  be  punishable  by  the  courts  of  the  State  for 
the  reason  that  such  a  reservation,  or  condition,  is  distinctly  incom 
patible  with  the  provisions  of  the  penal  acts  of  Congress,  and  would 
obstruct,  if  not  defeat,  the  execution  of  those  acts,  and  also,  because 
such  condition  is  inconsistent  with  any  possible  construction  of  ^that 
"  exclusive  "  jurisdiction,  which,  according  to  the  letter  and  intent  of 
the  Constitution,  are  in  such  cases,  to  be  vested  in  the  United  States, 
(Vol.  8,  p.  418,  Opins.  Attys.  Genl.) 


478  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

Of  State — When  it  ceases — Status  of  inhabitants  of  ceded  places- — 
Effect  of  no  cession  by  State. — The  States  can  not  take  cognizance  of 
any  acts  done  in  the  ceded  places  after  the  cession ;  and,  on  the  other 
hand,  the  inhabitants  of  those  places  cease  to  be  inhabitants  of  the 
State  and  can  no  longer  exercise  any  civil  or  political  rights  under 
the  laws  of  the  State.  But  if  there  has  been  no  cession  by  the  State 
of  the  place,  although  it  has  been  constantly  occupied  and  used,  under 
purchase,  or  otherwise,  by  the  United  States  for  a  fort,  arsenal,  or 
other  constitutional  purpose,  the  State  jurisdiction  still  remains  com- 
plete and  perfect.  (Story  on  the  Constitution,  Vol.  2,  Sec.  1227.) 

Jurisdiction,  when  vests  in  the  United  States. — "  Exclusive  Legisla- 
tion "  signifies  exclusive  jurisdiction ;  and  this  follows  even  although 
the  legislature  of  the  State,  in  its  act  assenting  to  the  purchase,  have 
not  expressly  ceded  such  jurisdiction.  It  vests  in  the  United  States 
by  virtue  of  the  Constitution.  (Sergeant's  Constitutional  Law,  350, 
cited  in  Vol.  6,  p.  577,  Opins.  Attys.  Genl.) 

When  express  terms  ceding  "  Exclusive "  jurisdiction  must  be 
used. — It  appears  indisputable  that  all  State  jurisdiction  is  not  ex- 
cluded from  every  parcel  of  land  purchased  by  the  general  govern- 
ment in  a  State  with  legislative  consent,  irrespective  of  its  use;  and, 
therefore,  that  if  the  purpose  is  not  one  of  those  distinctly  named  in 
the  clause  of  the  Constitution,  the  act  of  Congress  which  provides  for 
the  purchase  and  requires  the  legislative  consent  must,  in  some  une- 
quivocal terms,  declare  that  exclusive  jurisdiction  is  intended  and  nec- 
essary for  the  proposed  use,  or  at  least  the  purpose  stated  must  be  one 
of  which  it  is  manifest  that  any  exercise  of  coordinate  or  other  juris- 
diction would  be  incompatible  therewith.  (In  re  Kelly,  Circuit 
Court,  Eastern  District  of  Wisconsin,  Dec.  27,  1895,  71  Fed.  Rep., 
545.)  Decides,  also,  that  the  clause  of  the  Constitution  upon  which 
the  Ohio  (Sinks  v.  Reese,  19  Ohio  State,  306)  and  Virginia  (Foley  v. 
Shriver,  81  Virginia,  568)  decisions  mainly  rest  their  view  of  the 
State  enactments,  respectively,  is  not  applicable  to  this  Wisconsin 
case  and  can  not  be  invoked  to  exclude  the  exercise  of  State  jurisdic- 
tion, citing  the  following:  United  States  v.  Be  vans,  3  Wheaton,  336; 
New  Orleans  v.  United  States,  10  Peters,  662,  737 ;  Fort  Leavenworth 
Railroad  Company  v.  Lowe,  114  U.  S.,  525;  Railroad  Company  v. 
McGlinn,  114  U.JS.,  542;  People  v.  Godfrey,  17  Johnson,  225;  Crook. 
Horner  &  Co.  v.  Old  Point  Comfort  Hotel  Company,  54  Fed.  Rep., 
604. 

Of  State  courts  over  trespasses  committed  on  land  ceded  to  the 
United  States. — When  Congress  has  made  no  new  regulations  touch- 
ing the  administration  of  justice  in  civil  cases  with  respect  to  actions 
arising  within  territory  which  a  State  has  ceded  to  the  Federal  gov- 
ernment for  the  purpose  of  a  Navy-Yard,  the  laws  of  the  State  in 
force  at  the  time  of  the  cession,  and  the  jurisdiction  of  its  courts  in 
regard  to  private  rights  and  remedies,  remain  unchanged  and  unaf- 
fected by  the  act  of  cession.  (Barrett  y.  Palmer,  135  N.  Y.,  p.  336.) 

Status  of  persons  residing  on  ceded  places. — Persons  residing  on 
places  so  ceded  are,  in  many  respects,  exterritorialized,  so  as  not  to 
be  subject  to  personal  taxation  by  the  State,  not  to  acquire  a  pauper 
settlement  therein,  not  to  be  entitled  to  its  public  schools,  nor  to 
the  enjoyment  of  its  elective  franchise.  Of  course  the  property  of  the 
United  States  in  such  places  is  not  subject  to  the  jurisdiction  of  the 
State.  Such  ceded  lands  within  a  State  are  not  to  be  made  places  of 


JURISDICTION.  479 

refuge  from  its  civil  or  criminal  jurisdiction,  or  of  escape  from  civil 
obligations  due  to  any  of  its  inhabitants.  (Vol.  7,  p.  628,  Opins. 
Attys.  Genl.) 

Same. — It  was  held  that  the  persons  in  the  employment  of  the 
United  States  actually  residing  in  the  limits  of  the  Armory  at  Har- 
per's Ferry  do  not  possess  the  civil  and  political  rights,  nor  are  they 
subject  to  the  tax  and  other  obligations,  of  citizens  of  the  State  of 
Virginia.  (Vol.  6,  p.  577,  Opins.  Attys.  Genl.) 

Residents  on  military  reservations,  where  jurisdiction  has  been 
ceded,  not  entitled  to  privileges  of  public  schools,  but  must  pay  for 
tuition  if  availed  of,  if  charge  is  made  by  local  authorities. — Resi- 
dents on  a  military  reservation  over  which  exclusive  jurisdiction  has 
been  ceded  by  the  State  to  the  United  States  are  not  entitled  to  the 
use  of  the  public  schools,  nor  can  they  legally  be  taxed  for  their  sup- 
port. But  if  allowed  to  avail  themselves  of  such  schools,  and  they 
send  their  children  to  them,  they  can  not  avoid  paying  such  charge 
as  the  local  authorities  may  impose  in  regulating  admissions.  Thus 
held  that  officers  stationed  at  Fort  Trumbull,  Conn.,  were  not  exempt 
from  paying  the  fee  exacted  by  the  City  of  New  London  in  cases 
where  parents  elect  to  send  their  children  to  a  school  in  a  district 
different  from  that  in  which  they  reside.  (Digest  of  Opins.  J.  A. 
Genl.,  1901,  sec.  G88.) 

Same. — Status  of  persons  residing  on  territory  purchased  by  the 
United  States  with  consent  of  the  legislature  of  the  State. — By  be- 
coming a  resident  inmate  of  the  asylum,  (Soldiers'  Home),  a  person 
though  up  to  that  time  he  may  have  been  a  citizen  and  resident  of 
Ohio,  ceases  to  be  such;  he  is  relieved  from  any  obligation  to  con- 
tribute to  her  revenues,  and  is  subject  to  none  of  the  burdens. which 
she  imposes  upon  her  citizens.  He  becomes  subject  to  the  exclusive 
jurisdiction  of  another  power  as  foreign  to  Ohio  as  is  the  State  of 
Indiana  or  Kentucky  or  the  District  of  Columbia.  The  Constitution 
of  Ohio  requires  that  electors  shall  be  residents  of  the  State;  but 
under  the  provisions  of  the  Constitution  of  the  United  States,  and  by 
the  consent  and  act  of  cession  of  the  legislature  of  this  State,  the 
grounds  and  buildings  of  this  asylum  have  been  detached  and  set  off 
from  the  State  of  Ohio,  and  ceded  to  another  government,  and  placed 
under  its  exclusive  jurisdiction  for  an  indefinite  period.  We  are 
unanimously  of  the  opinion  that  such  is  the  law,  and  with  it  we  have 
no  quarrel;  for  there  is  something  in  itself  unreasonable  that  men 
should  be  permitted  to  participate  in  the  government  of  a  community, 
and  in  the  imposition  of  charges  upon  it,  in  whose  interests  they 
have  no  stake,  and  from  whose  burdens  and  obligations  they  are 
exempt,  (John  F.  Sinks  v.  David  W.  Reese,  19  Ohio  St.  Rep.,  316, 
citing  Commonwealth  v.  Clary,  8  Mass.,  72,  and  other  authorities.) 

NOTE. — It  would  seem  that  Congress  recognized  the  force  of  the  decision  in 
Sinks  v.  Reese,  supra,  by  the  passage  of  an  Act  approved  January  21,  1871, 
wherein  jurisdiction  was  ceded  to  the  State  of  Ohio  and  relinquished  by  the 
United  States  (10  Stat.,  399).  But  see  In  re  O'Conner  (37  Wis.,  379)  and  In  re 
Kelly  (Circuit  Court  Eastern  Dist.  Wisconsin  Dec.  17,  1895),  where  jurisdiction 
having  been  ceded  by  the  State  Legislature  of  Wisconsin  in  almost  the  same 
language,  it  was  held,  that  the  criminal  laws  of  the  United  States  which  apply 
only  to  places  within  their  exclusive  jurisdiction  are  not  operative,  the  lands 
not  having  been  acquired  for  any  of  the  purposes  specified  in  the  Constitutional 
provision. 


480  UNITED   STATES   MILITARY  RESERVATIONS,   ETC. 

Status  of  persons  residing  on  military  reservations. — The  House  of 
Representatives  of  Massachusetts  submitted  the  following  questions 
to  the  Justices  of  the  Supreme  Judicial  Court : 

1.  Are  persons  residing  on  lands  purchased  by,  or  ceded  to  the 
United   States,   for  navy-yards,   arsenals,   dock-yards,   forts,   light- 
houses, hospitals,  and  armories,  in  this  Commonwealth  entitled  to 
the  benefits  of  the  State  common  schools  for  their  children  in  the 
towns  where  such  lands  are  located? 

2.  Does  such  residence  exempt  such  persons  from  being  assessed 
for  their  polls  or  estate,  in  the  towns  in  which  such  places  are  located  ? 

3.  Will  such  residence  for  the  requisite  length  of  time  give  such 
persons  or  their  children  a  legal  inhabitancy  in  such  towns,  or  in  the 
Commonwealth  ? 

4.  Are  persons  so  residing  entitled  to  the  elective  franchise  in  such 
towns  ? 

The  Court  in  discussing  the  questions  say :  The  Constitution  of  the 
United  States,  Article  1,  Section  8,  provides  that  Congress  shall  have 
power  to  exercise  exclusive  legislation  in  all  cases  whatsoever,  over  all 
places  purchased  by  the  consent  of  the  legislature  of  the  State  in 
which  the  same  shall  be  for  the  erection  of  forts,  magazines,  arsenals, 
dock-yards  and  other  needful  buildings.  The  jurisdiction  in  such 
cases  is  put  upon  the  same  grounds  as  that  of  the  district  ceded  to  the 
United  States  for  the  seat  of  government,  and,  unless  the  consent  of 
the  several  States  is  expressly  made  or  limited  by  the  act  of  cession, 
the  exclusive  power  of  legislation  implies  an  exclusive  jurisdiction; 
because  the  laws  of  the  several  States  no  longer  operate  within  those 
districts.  They  were  of  opinion  that  where  the  general  consent  of 
the  Commonwealth  is  given  to  the  purchase  of  territory  by  the  United 
States,  for  forts,  and  dock-yards,  and  where  there  is  no  other  con- 
dition or  reservation  in  the  act  granting  such  consent,  but  that  of  a 
concurrent  jurisdiction  of  the  State  for  the  service  of  civil  process, 
and  criminal  process  against  persons  charged  with  crimes  committed 
out  of  such  territory — the  Government  of  the  United  States  have  the 
sole  and  exclusive  jurisdiction  over  such  territory,  for  all  purposes  of 
legislation  and  jurisprudence,  with  the  single  exception  expressed, 
and  consequently,  that  no  persons  are  amenable  to  the  laws  of  the 
Commonwealth  for  crimes  and  offences  committed  within  said  terri- 
tory, and  that  persons  residing  within  the  same  do  not  acquire  the  civil 
and  political  privileges  nor  do  they  become  subject  to  the  civil  duties 
and  obligations  of  inhabitants  of  the  towns  within  which  such  terri- 
tory is  situated.  The  Court,  applying  the  opinion  above  stated,  an- 
swered the  questions  categorically  as  follows: 

1.  We  are  of  opinion  that  persons  residing  on  lands  purchased  by, 
or  ceded  to,  the  United  States  for  navy-yards,  forts  and  arsenals, 
when  there  is  no  other  reservation  of  jurisdiction  to  the  State,  than 
that  above  mentioned,  are  not  entitled  to  the  benefits  of  the  common 
schools  for  their  children,  in  the  towns  in  which  such  lands  are  situ- 
ated. 

2.  We  are  of  opinion  that  such  residence  does  exempt  such  persons 
from  being  assessed  for  their  polls  and  estates  to  State,  county  and 
town  taxes  in  the  towns  where  such  places  are  situated. 

3.  Understanding  as  we  do,  by  the  terms  of  this  question,  that  the 
term  "  legal  inhabitancy  "  is  used  synonymously  with  "  legal  settle- 
ment," for  the  purpose  of  receiving  support  under  the  laws  of  this 


JURISDICTION.  481 

Commonwealth  for  the  relief  of  the  poor,  we  are  of  opinion  that  such 
residence,  for  any  length  of  time  will  not  give  such  persons. or  their 
children  a  legal  inhabitancy  in  such  town. 

4.  We  are  also  of  opinion  that  persons  residing  in  such  territory  do 
not  thereby  acquire  any  elective  franchise  as  inhabitants  of  the  towns 
in  which  such  territory  is  situated.  (See  1  Metcalf's  Rep.,  p.  580.) 

Defective  cession  of. — Where  a  State's  consent  to  the  purchase  of 
land  by  the  United  States  provides  that  the  State  shall  forever  retain 
concurrent  jurisdiction  over  any  such  place  to  the  extent  that  all  legal 
and  military  process  issued  under  the  authority  of  the  State  may  be 
executed  anywhere  on  such  place  or  in  any  building  thereon  or  any 
part  thereof,  and  that  any  offence  against  the  laws  of  the  State,  com- 
mitted on  such  place,  may  be  tried  and  punished  by  any  competent 
Court  or  Magistrate  of  the  State,  it  does  not  satisfy  the  provisions  of 
Section  355,  Revised  Statutes.  (Vol.  20,  p.  611,  Opins.  Attys.  Genl.) 

State  courts — Lands  owned  ~by  Federal  Government. — Constitution 
of  the  United  States,  Article  1,  Section  8,  clause  17,  providing  that 
"  Congress  shall  have  power  to  exercise  exclusive  legislation  in  all 
cases  whatsoever  *  *  *  over  all  places  purchased  "  from  a  State, 
does  not  deprive  the  State  courts  of  jurisdiction  to  try  actions 
arising  from  civil  wrongs  committed  by  private  persons  in  such 
places. — Madden  v.  Arnold,  47  New  York  Supp.,  757. 

The  foregoing  case  of  Madden  v.  Arnold  is  discussed  by  General  G. 
Norman  Lieber,  Judge-Advocate-General,  United  States  Army,  in 
the  American  Law  Review  (Vol.  32,  No.  1,  January  and  February, 
1898),  in  the  following  article: 

"Cession  of  Jurisdiction  by  States  to  the  United  States. — The 
recent  case  of  Madden  v.  Arnold,  in  the  appellate  division  of  the 
Supreme  Court  of  New  York,  materially  helps  to  explain  the  relation 
of  a  State  to  the  United  States  as  to  its  jurisdiction  over  causes  of 
action,  other  than  criminal,  arising  within  the  territory  jurisdiction 
over  which  has  been  ceded  by  it  to  the  United  States.  It  is  only 
within  recent  years  that  this  subject  has  been  placed  in  its  true  light, 
the  leading  case  being  Fort  Leavenworth  R.  R.  Co.  v.  Lowe  (114  U. 
S.,  539).  This  case  was  followed  by  Chicago  and  Pacific  Ry.  Co.  v. 
McGlinn  (114  U.  S.,  549),  Benson  v.  U.  S.  (146  U.  S.,  331),  In  re 
Kelly  (71  Fed.  Rep.,  545),  In  re  Ladd  (74  Fed.  Rep.,  31),  Palmer  v. 
Barrets  (162  U.  S.,  399),  and  now  by  Madden  v.  Arnold  (47  N.  Y. 
Suppl.,  757). 

"  By  the  Constitution,  the  United  States  are  invested  with  the 
power  of  exclusive  legislation  (jurisdiction)  over  all  places  purchased 
by  the  consent  of  the  State  in  which  they  are,  for  the  erection  of  forts, 
magazines,  arsenals,  dock-yards,  and  other  needful  buildings.  When 
a  place  is  purchased  with  the  consent  of  the  State,  for  one  of  the 
specified  purposes,  this  carries  jurisdiction  with  it.  Precisely  what 
would  be  included  under  the  head  of  '  other  needful  buildings''  is  not 
clear,  but  it  would  seem  that  originally  buildings  of  the  same  charac- 
ter as  those  mentioned  were  intended— that  is,  buildings  for  military 
or  defensive  purposes.  (Story  Const.,  Sec.  1224.)  There  could  not 
be  coupled  with  such  a  consent  to  purchase,  a  condition  which  would 
be  inconsistent  with  the  exclusive  jurisdiction  of  the  United  States. 

"  But  when  jurisdiction  over  territory  in  a  State  is  obtained,  not  by 
the  purchase  with  consent,  but  by  express  cession  of  jurisdiction, 
16809—10 31 


482  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

this,  being  different  from  the  constitutional  method,  may  be  accom- 
panied with  conditions,  even  though  the  territory  be  acquired  for  one 
of  the  purposes  mentioned.  (Fort  Leavenworth  R.  R.  Co.  v.  Lowe, 
114  U.  S.,  539;  Benson  v.  U.  S.,  146  U.  S.,  331.) 

"  Madden  v.  Arnold  makes  clear  the  right  of  the  States  to  try  ac- 
tions arising  from  civil  wrongs  committed  by  private  persons  in  such 
places.  In  this  case  the  plaintiff  sought  to  recover  damages  against 
the  defendant  for  injuries  inflicted  on  him  by  a  vicious  dog,  on  land 
purchased  by  the  United  States,  and  over  which  the  legislature  of 
New  York  had  ceded  jurisdiction,  for  the  purpose  of  erecting  and 
maintaining  thereon  an  arsenal,  magazine,  dock-yards,  and  other 
necessary  buildings;  reserving  to  the  State  concurrent  jurisdiction 
with  the  United  States  so  far  as,  that  civil  process  in  all  cases,  and 
such  criminal  process  as  might  be  issued  under  authority  of  the  State 
of  New  York  against  any  person  charged  with  crimes  committed 
without  the  ceded  district,  might  be  executed  therein.  It  was  urged 
by  the  defendant  that  the  State  court  had  no  jurisdiction,  in  an 
action  for  damages  for  an  injury  sustained  within  the  territory  pur- 
chased by  the  United  States,  and  jurisdiction  over  which  had  been 
ceded  by  the  State  under  the  provisions  of  article  1,  section  8,  clause 
17,  of  the  national  constitution. 

"  The  court  (the  Supreme  Court  of  New  York,  appellate  division) 
holds  that  Congress  has  the  power  to  provide  by  statute  for  the 
enforcement  of  civil  rights  in  such  ceded  territory,  and  for  the 
recovery  of  damages  for  injuries  sustained  therein,  in  civil  actions; 
but  that  the  question  for  it  to  decide  was  whether,  in  the.  absence  of 
such  legislation,  the  courts  of  New  York  are  deprived  of  jurisdiction 
for  an  injury  to  a  citizen,  such  as  the  plaintiff  sustained,  committed 
within  the  State,  in  territory  over  which  jurisdiction  had  thus  been 
ceded  to  the  United  States.  The  place  where  the  plaintiff  was 
injured  was  acquired  by  the  United  States,  by  purchase,  for  the  pur- 
pose of  an  arsenal,  and  ever  since  has  been  used  as  such  and  the  State 
of  New  York  ceded  exclusive  jurisdiction  over  the  territory  to  the 
United  States.  Hence,  under  the  provisions  of  the  national  consti- 
tution, Congress  has  power  to  exercise  exclusive  legislation  therein 
in  all  cases  whatsoever.  (The  court  evidently  regarded  the  pur- 
chase, together  with  the  cession  of  jurisdiction,  in  this  case,  as 
amounting  to  a  purchase  with  the  consent  of  the  State,  under  the 
terms  of  the  Constitution.)  But,  say  the  court,  although  the  injury 
to  recover  damages  for  which  the  plaintiff  brought  the  action  was 
sustained  on  land  over  which  the  national  government  had  exclusive 
jurisdiction,  it  had  no  more  exclusive  jurisdiction  over  such  territory 
than  the  respective  legislatures  of  the  neighboring  States  of  Massa- 
chusetts, Pennsylvania,  or  Ohio  have  over  their  respective  territories, 
and  had  the  injury  occurred  wTithin  the  limits  of  either  of  said  States 
an  action  could  have  been  maintained  in  the  Supreme  Court  of  New 
York  to  recover  damages  therefor.  If  an  action  can  be  maintained 
in  the  courts  of  New  York  by  a  citizen  thereof,  for  a  personal  injury 
suffered  in  another  State  or  country,  there  is  no  good  reason  why  such 
an  action  can  not  be  maintained  when  the  injury  was  committed  in 
the  State  of  New  York,  on  land,  jurisdiction  over  which  had  been 
ceded  to  the  United  States.  Assuming  that  the  place  where  the 
plaintiff  was  injured,  being  within  the  exclusive  jurisdiction  of  the 
United  States,  was  in  fact  like  a  foreign  territory,  not  within  any 


JURISDICTION.  483 

jurisdiction  of  the  State  of  New  York,  the  plaintiff  might  maintain 
an  action  for  a  personal  injury  sustained  in  such  place. 

"  This  decision  shows  the  necessity  of  distinguishing  between  crim- 
inal and  civil  actions  in  the  matter  of  cession  of  jurisdiction,  the  one 
being  territorial  and  the  other  nonterritorial  as  to  the  cause  of  action, 
so  far  as  relates  to  jurisdiction.  Cessions  of  jurisdiction  from  the 
State  to  the 'United  States,  in  language  like  that  used  in  the  Fort 
Leavenworth  cession,  are  misleading,  the  language  referred  to  being 
as  follows:  '  Saving,  however,  to  the  said  State  the  right  to  serve 
civil  or  criminal  process  within  said  Reservation,  in  suits  or  prosecu- 
tions for  or  on  account  of  rights  acquired,  obligations  incurred,  or 
crimes  committed  in  said  State,  but  outside  of  said  cession  and 
reservation.'  This  places  the  civil  action  on  the  same  footing  with  the 
criminal  action,  for  which  there  appears  to  be  no  reason. 

"  It  would  seem,  indeed,  that  we  have  been  quite  misled  as  to  the 
necessity  of  cession  of  jurisdiction  to  the  United  States.  The  consti- 
tutional provision,  Article  I,  Section  8,  clause  17,  was  apparently 
adopted  with  the  understanding  that  the  United  States  could  not 
acquire  land  in  a  State  without  the  consent  of  the  State.  It  would 
seem  to  have  been  the  opinion  of  the  f ramers  of  the  constitution,  said 
Justice  Field  in  the  Fort  Leavenworth  Railroad  case,  that  without 
the  consent  of  the  States,  the  new  government  would  not  be  able  to 
acquire  lands  within  them ;  and  therefore  it  was  provided  that,  when 
it  might  require  such  lands  for  the  erection  of  forts  and  other  build- 
ings for  the  defense  of  the  country,  or  the  discharge  of  other  duties 
devolving  upon  it,  and  the  consent  of  the  State  in  which  they  were 
situated  was  obtained  for  their  acquisition,  such  consent  should  carry 
with  it  political  dominion  and  legislative  authority  over  them. 

"  Whatever  we  may  think  of  the  sufficiency  of  the  reason  for  plac- 
ing forts  and  other  buildings  for  the  defense  of  the  country  under  the 
exclusive  jurisdiction  of  the  United  States,  when  we  consider  that 
the  instrumentalities  of  the  government  of  the  United  States  are  free 
from  control  by  any  State  authority,  there  would  seem  to  be  no  good 
reason  for  extending  the  constitutional  provision  beyond  the  appar- 
ent meaning  of  its  language.  The  Fort  Leavenworth  Railroad  case 
is  authority  for  holding  that  when  jurisdiction  is  acquired  by  the 
United  States  by  cession,  and  not  by  purchase  with  consent,  the  ces- 
sion may  be  accompanied  with  reservations  of  jurisdiction,  even 
though  the  territory  be  used  as  a  military  post  or  fort.  In  that  case 
there  was  a  reservation  of  the  right  to  tax  railroad,  bridge,  and  other 
corporations,  their  franchises  and  property. 

"  Section  355  of  the  Revised  Statutes  prescribes  that  no  public 
money  shall  be  expended  upon  any  site  or  land  purchased  by  the 
United  States  for  the  purpose  of  erecting  thereon  any  armory, 
arsenal,  fort,  fortification,  navy-yard,  custom-house,  light-house,  or 
other  building  of  any  kind  whatever,  until  the  consent  of  the  State  in 
which  the  land  or  site  may  be  to  such  purchase  has  been  given. 
Under  this  section  money  can  not  be  expended  on  structures  for  river 
and  harbor  improvement  even,  until  jurisdiction  over  the  site  has 
been  obtained  by  the  United  States;  for  it  is  held  that  what  is  here 
meant  is  that  there  must  be  a  cession  of  jurisdiction.  This  certainly 
is  carrying  the  matter  to  an  extreme.  What  good  reason  can  be 
given  for  it  ?  The  instrumentalities  of  the  government  of  the  United 


484  UNITED    STATES    MILITARY    RESERVATIONS,   ETC. 

States  can  not  be  interfered  with.  Why?  then,  take  from  the  juris- 
diction of  the  States  those  numerous  localities  within  their  limits  ?  " 

How  long  and  for  what  purposes  the  municipal  laws  of  the  State 
continue  in  force  after  cession  of  jurisdiction  to  the  United  States. — 
It  is  a  general  rule  of  public  law,  recognized  and  acted  upon  by  the 
United  States,  that  whenever  political  jurisdiction  and  legislative 
power  over  any  territory  are  transferred  from  one  nation  or  sovereign 
to  another,  the  municipal  laws  of  the  country,  that  is,  laws  which  are 
intended  for  the  protection  of  private  rights,  continue  in  force  until 
abrogated  or  changed  by  the  new  government  or  sovereign.  By  the 
cession  public  property  passes  from  one  government  to  the  other,  but 
private  property  remains  as  before,  and  with  it  those  municipal  laws 
which  are  designed  to  secure  its  peaceful  use  and  enjoyment.  As  a 
matter  of  course,  all  laws,  ordinances,  and  regulations  in  conflict  with 
the  political  character,  institutions,  and  constitution  of  the  new  gov- 
ernment are  at  once  displaced.  Thus  upon  a  cession  of  political  juris- 
diction and  legislative  power — and  the  latter  is  involved  in  the 
former — to  the  United  States,  the  laws  of  the  country  in  support  of 
an  established  religion,  or  abridging  the  freedom  of  the  press,  or 
authorizing  cruel  and  unusual  punishments,  and  the  like,  would  at 
once  cease  to  be  of  obligatory  force  without  any  declaration  to  that 
effect;  and  the  laws  of  the  country  on  other  subjects  would  neces- 
sarily be  superseded  by  existing  laws  of  the  new  government  upon 
the  same  matters.  But  with  respect  to  other  laws  affecting  the  pos- 
session, use  and  transfer  of  property,  and  designed  to  secure  good 
order  and  peace  in  the  community,  and  promote  its  health  and  pros- 
perity, which  are  strictly  of  a  municipal  character,  the  rule  is  gen- 
eral, that  a  change  of  government  leaves  them  in  force  until,  by 
direct  action  of  the  new  government,  they  are  altered  or  repealed. 
(Chicago  and  Pacific  Railway  Company  v.  McGlinn,  114  U.  S.  Rep., 
542.  See  also  The  American  Insurance  Co.  v.  Canter,  1  Pet.,  542.) 

Effect  of  qualified  cession  of  jurisdiction  l>y  State. — Where  a  State 
statute,  in  consenting  to  the  purchase  by  the  United  States  of  land 
within  the  State  and  ceding  to  the  United  States  jurisdiction  over  the 
same,  adding  that  such  jurisdiction  should  be  exercised  "  concurrently 
with  "  the  State,  Held,  that  this  qualification  was  subject  to  the  objec- 
tion that  it  amounted  to  more  than  the  mere  reservation  (not  unfre- 
quent,)  of  the  right  to  serve  upon  the  land  legal  process  for  crimes 
committed  outside  of  the  same,  and  should  therefore  be  regarded  as 
inconsistent  with  a  grant  of  exclusive  jurisdiction  to  the  United  States 
over  such  land;  (citing  United  States  v.  Cornell,  2  Mason,  60;  United 
States  v.  Davis,  5  Id.,  356 ;  6  Opins.  Attys.  Genl.,  578 ;  7  Id.,  634 ;  8 
Id.,  30, 102,  417;  20  Id.,  242,  298,  611),  further  that  it  so  far  qualified 
the  consent  given  to  the  purchase  as  to  make  it  at  least  doubtful 
whether,  in  view  of  the  provisions  of  Section  355,  Revised  Statutes, 
the  Secretary  of  War  would  be  authorized  to  expend  an  appropria- 
tion which  had  been  made  by  Congress  for  the  erection  of  public 
buildings  on  the  land.  (Digest  of  Opins.  J.  A.  Genl.,  1901,  sec.  674.) 

Effect  of  reserving  right  to  execute  process  within  and  upon  lands. — 
But  where  a  State  statute,  in  ceding  jurisdiction  to  the  United  States 
over  certain  lands  purchased  within  the  State  by  the  authority  of 
Congress  as  sites  for  public  structures,  added  "  But  the  State  reserves 
the  right  to  execute  process  lawfully  issued  under  its  authority  within 


JURISDICTION.  485 

and  upon  said  sites,"  etc.,  advised  that  such  reservation  might  prop- 
erly be  regarded  as  having  the  same  effect  as  that  indicated  by 
Attorney-General  Gushing  in  8  Opinions,  387,  viz.,  as  reserving 
merely  the  right  to  serve  process  within  the  lands  for  crimes  com- 
mitted without  the  same  (so  as  to  prevent  them  from  becoming  an 
asylum  for  fugitives  from  justice),  and  that  the  cession  might  there- 
fore properly  be  accepted  as  sufficiently  vesting  in  the  United  States 
the  exclusive  jurisdiction  over  the  premises  contemplated  by  the  Con- 
stitution. (Ibid.,  sec.  675.) 

Effect  of  reservation  by  Congress  upon  admitting  Territory  as  a. 
State. — When  an  act  admitting  a  State  into  the  Union,  or  organizing 
a  Territorial  government,  provides  that  the  lands  in  possession  of  an 
Indian  tribe  shall  not  be  a  part  of  such  State  or  Territory,  the  new 
government  has  no  jurisdiction  over  them.  (Langford  v.  Monteith, 
102  U.  S.,  145.)  For  an  example  of  such  a  reservation  on  the  part  of 
Congress  in  the  admission  of  a  State  into  the  Union,  see  the  act  of 
July  10,  1890,  (26  Stat.  L.,  222),  admitting  the  State  of  Wyoming. 

"  Cession  of  jurisdiction  "  and  a  "  consent  to  purchase"  effect  of 
each — Consent  to  purchase  coupled  with  inconsistent  condition  can 
not  legally  ~be  accepted  by  the  United  States. — A  cession  of  jurisdic- 
tion by  a  State  to  the  United  States  may  be  qualified  or  conditional, 
and  cedes  only  so  much  as  is  specifically  expressed.  (Citing  Fort 
Leavenworth  R.  R.  Co.  v.  Lowe,  144  U.  S.,  525.)  But  a  consent  to 
purchase,  as  the  term  is  intended  in  the  constitutional  provision  (Art. 
1,  Sec.  8,  cl.  17),  conveys  the  whole  or  an  exclusive  jurisdiction.  So, 
where  a  State  legislature  in  giving  the  consent  to  a  purchase  for  a 
constitutional  purpose,  couples  with  it  a  condition  or  qualification 
inconsistent  with  the  possession  of  an  exclusive  jurisdiction  by  the 
United  States, — as  a  condition  that  the  State  shall  retain  the  same 
civil  and  criminal  jurisdiction  over  persons  and  their  property  on  the 
land  that  it  has  over  other  persons  and  property  in  the  State — or 
shall  retain  the  right  to  tax  persons  living  on  the  land  and  their 
property, — Held,  that  the  jurisdiction  is  not  such  as  is  designed  by  the 
Constitution  and  can  not  legally  be  accepted  by  the  United  States. 
(Digest  Opins.  J.  A.  Genl.,  1901,  sec.  678;  citing  Vol.  8,  Opins.  Attys. 
Genl.,  121.) 

Recession  of  jurisdiction  not  necessary  when  military  reservation 
abandoned. — Held,  that  there  was  no  occasion  for  a  statutory  provi- 
sion ceding  back,  or  requiring  the  ceding  back  of  jurisdiction,  by  the 
United  States,  to  the  State,  when  a  military  reservation  was  aban- 
doned and  turned  over  to  the  Interior  Department  under  the  Act  of 
July  5,  1884.  Such  provision  has  sometimes  appeared,  as  in  the  Act 
of  Congress  of  March  3,  1819,  ("  authorizing  the  sale  of  certain  mili- 
tary sites"),  as  also  in  some  of  the  State  Acts  ceding  jurisdiction, 
in  which  the  grant  is  expressly  limited  to  the  period  during  which 
the  premises  may  be  held  for  public  uses  by  the  United  States.  But 
such  provisions  are  deemed  unnecessary,  the  jurisdiction  ceasing  of 
itself  with  the  use  and  occupation  of  the  land  for  the  purposes  for 
which  it  wras  granted.  It  is  believed  to  be  clearly  inferable  from  the 
clause  on  the  subject  in  the  Constitution,  (Art.  1*  Sec.  8,  cl.  17),  that 
the  State  relinquishes  its  jurisdiction  only  for  such  terms  as  the  par- 
ticular status  subsists  in  contemplation  of  which  it  was  ceded. 
(Digest  of  opins.  J.  A.  Genl.,  1901,  sec.  692.) 


486  UNITED   STATES   MILITARY   RESERVATIONS,  ETC. 

TAXATION. 

State  can  not  assume  powers  conferred  upon  Congress  by  the  Con- 
stitution.— Neither  the  unlimited  powers  of  a  State  to  tax,  nor  any 
of  its  large  police  powers,  can  be  exercised  to  such  an  extent  as  to 
work  a  practical  assumption  of  the  powers  properly  conferred  upon 
Congress  by  the  Constitution.  (Railroad  Company  v.  Husen,  95 
U.  S.,  465.) 

Property  of  the  United  States  exempt  from  State  taxation. — No 
State  has  the  power  to  tax  the  property  of  the  United  States  within 
its  limits.  (Wisconsin  Railroad  Company  v.  Price  County,  133  U.  S., 
496.)  Property  of  the  United  States  is  exempt  by  the  Constitution 
of  the  United  States  from  taxation  under  the  authority  of  a  State. 
(Van  Brocklin  et  al  v.  State  of  Tennessee  et  al.,  117  U.  S.,  151.) 

Lands  purchased  by  United  States  at  tax  sale  exempt  while  held 
~by  the  United  States. — Lands  in  a  State  which,  pursuant  to  acts  of 
Congress  for  the  laying  and  collecting  of  direct  taxes,  is  sold,  struck 
off  and  purchased  by  the  United  States  for  the  amount  of  the  tax 
thereon,  and  is  afterwards  sold  by  the  United  States  for  a  larger  sum, 
or  redeemed  by  the  former  owner,  is  exempt  from  taxation  by  the 
State,  while  so  owned  by  the  United  States ;  and  for  nonpayment  of 
taxes  assessed  by  the  State  during  that  time,  can  not  be  sold  after- 
wards. (Ibid.) 

Lands  of  United  States  can  not  be  taxed  without  their  consent. — 
Whether  the  property  of  the  United  States  shall  be  taxed  under  the 
laws  of  a  State  depends  upon  the  will  of  its  owner,  the  United  States, 
and  no  State  can  tax  the  property  of  the  United  States  without  their 
consent.  (Ibid.) 

Federal  property. — Property,  the  title  of  which  is  held  by  the 
United  States,  for  whatever  purpose,  is  exempt  from  State  taxation 
while  so  held.  (People  ex  rel.  McCrea  v.  The  United  States,  etc., 
93  111.,  30.) 

Levy  by  State  of  tax  upon  oil  real  estate  does  not  include  that  of 
the  United  States  within  its  limits. — An  act  of  a  State  legislature 
laying  a  tax  on  all  real  estate,  to  wit,  on  various  sorts  of  real  estate 
specified  by  the  act,  and  as  such  shown  to  be  private  property,  does 
not  include  property  of  any  sort  of  the  United  States  within  its  ter- 
ritory. (United  States  v.  Weise,  28  Fed.  Cases,  p.  518.  See,  also, 
Van  Brocklin  v.  Tennessee,  117,  U.  S.,  151.) 

Same. — The  general  words  of  a  statute  do  not  include  the  govern- 
ment or  affect  its  rights,  unless  such  purpose  be  clear  and  indisputable 
on  the  face  of  the  act.  (The  United  States  v.  Griswold,  5  Saw- 
yer, 25.) 

Effect  of  reservation  by  State  of  right  to  tax  private  property  in 
territory  wherein  jurisdiction  is  ceded  to  the  United  States. — When  a 
State,  in  ceding  to  the  United  States  exclusive  jurisdiction  over  a 
tract  of  land  within  its  limits,  reserves  to  itself  the  right  to  tax 
private  property  therein,  and  the  United  States  do  not  dissent,  the 
property  and  franchises  of  a  railroad  therein  are  liable  to  taxation 
by  the  State.  (Fort  Leaven  worth  R.  R.  Co.  v.  Lowe,  114  U.  S. 
Rep.,  525.) 

Persons  residing  on  military  reservations  exempt  from  State^ 
county  and  town  tax. — Persons  residing  upon  military  reservations 


TAXATION.  487 


are  exempt  from  the  payment  of  State,  County  and  town  taxes  and 
therefore  are  not  entitled  to  the  benefits  arising  therefrom.  (Vol.  6, 
p.  577,  Opins.  Attys.  Genl.  See  1  Metcalf,  580.) 

Power  of  taxation  by  States  restrained  when  incompatible  with  and 
repugnant  to  the  constitutional  laws  of  the  Union. — That  the  power 
of  taxation  is  one  of  vital  importance;  that  it  is  retained  by  the 
States ;  that  it  is  not  abridged  by  the  grant  of  a  similar  power  to  the 
government  of  the  Union;  that  it  is  to  be  concurrently  exercised  by 
the  two  governments;  are  truths  which  have  never  been  denied.  But, 
such  is  the  paramount  character  of  the  Constitution,  that  its  capacity 
to  withdraw  any  subject,  from  the  action  of  even  this  power  is  ad- 
mitted. The  States  are  expressly  forbidden  to  lay  any  duties  on 
imports  or  exports,  except  what  may  be  absolutely  necessary  for  exe- 
cuting their  inspection  laws.  If  the  obligation  of  this  prohibition 
must  be  conceded — if  it  may  restrain  a  State  from  the  exercise  -of  its 
taxing  power  on  imports  and  exports,  the  same  paramount  character 
would  seem  to  restrain,  as  it  certainly  may  restrain,  a  State  from  such 
other  exercise  of  this  power,  as  is  in  its  nature  incompatible  with,  and 
repugnant  to,  the  Constitutional  laws  of  the  Union.  A  law,  abso- 
lutely repugnant  to  another,  as  entirely  repeals  that  other  as  if 
express  terms  of  repeal  were  used.  (McCulloch  v.  Maryland,  4 
Wheat.,  316,  425.) 

State  controlled  by  the  Constitution  of  the  United  States  in  article 
of  taxation. — The  sovereignty  of  the  State,  in  the  article  of  taxation 
itself,  is  subordinate  to,  and  may  be  controlled  by,  the  Constitution  of 
the  United  States.  How  far  it  has  been  controlled  by  that  instru- 
ment, must  be  a  question  of  construction.  In  making  this  construc- 
tion, no  principle  not  declared,  can  be  admissible  which  would  defeat 
the  legitimate  operations  of  a  supreme  government.  It  is  of  the  very 
essence  of  supremacy  to  remove  all  obstacles  to  its  action  within  its 
own  sphere,  and  so  to  modify  every  power  vested  in  subordinate  gov- 
ernments, as  to  exempt  its  own  operations  from  their  own  influence. 
This  effect  need  not  be  stated  in  terms.  It  is  involved  in  the  decla- 
ration of  supremacy,  so  necessarily  implied  in  it,  that  the  expression 
of  it  could  not  make  it  more  certain.  (Ibid.) 

States  can  not  tax  the  instrumentalities  of  the  General  Govern- 
ment.— If  the  States  may  tax  one  instrument  employed  by  the  gov- 
ernment in  the  execution  of  its  powers,  they  may  tax  any  and  every 
other  instrument.  They  may  tax  the  mail;  they  may  tax  the  mint; 
they  may  tax  patent  rights;  they  may  tax -the  papers  of  the  custom- 
house; they  may  tax  judicial  processes;  they  may  tax  all  the  means 
employed  by  the  government,  to  an  excess  which  would  defeat  all  the 
ends  of  government.  This  was  not  intended  by  the  American  peo- 
ple. They  did  not  design  to  make  this  government  dependent  on  the 
States.  (Ibid.) 

A  question  of  supremacy. — If  the  controlling  power  of  the  States 
be  established;  if  their  supremacy  as  to  taxation  be  acknowledged; 
what  is  to  restrain  their  exercising  this  control  in  any  shape  they 
may  please  to  give  it?  Their  sovereignty  is  not  confined  to  taxa- 
tion. That  is  not  the  only  mode  in  which  it  might  be  displayed. 
The  question  is,  in  truth,  a  question  of  supremacy;  and  if  the  right 
of  the  States  to  tax  the  means  employed  by  the  general  government 
be  conceded,  the  declaration  that  the  Constitution  and  the  laws  made 


488 

in  pursuance  thereof,  shall  be  the  supreme  law  of  the  land  is  empty 
and  unmeaning.  (Ibid.) 

General  power  of  taxation  conferred  upon  the  General  Govern- 
ment— Power  exercised  ~by  the  people  of  the  States  and  ~by  the  States 
in  Congress. — The  people  of  all  the  States  have  created  the  general 
government,  and  have  conferred  upon  it  the  general  power  of  taxa- 
tion. The  people  of  all  the  States,  and  the  States  themselves,  are 
represented  in  Congress,  and,  by  their  representatives,  exercise  this- 
power.  When  they  tax  the  chartered  institutions  of  the  States  they 
tax  their  constituents ;  and  these  taxes  must  be  uniform.  But,  when 
a  State  taxes  the  operations  of  the  government  of  the  United  States, 
it  acts  upon  institutions  created,  not  by  their  own  constituents,  but 
by  people  over  whom  they  claim  no  control.  It  acts  upon  the  meas- 
ures of  a  government  created  by  others  as  well  as  themselves,  for  the 
benefit  of  others  in  common  with  themselves.  The  difference  is  that 
which  always  exists,  and  always  must  exist,  between  the  action  of  the 
whole  on  a  part  and  the  action  of  a  part  on  the  whole — between  the 
laws  of  a  government  declared  to  be  supreme,  and  those  of  a  govern- 
ment which,  when  in  opposition  to  those  laws,  is  not  supreme.  (Ibid. 
See  also  Osborn  et  al.  v.  The  United  States  Bank,  9  Wheat.,  738; 
Providence  Bank  v.  Billings,  4  Pet.,  514,  and  Weston  v.  The  City 
Council  of  Charleston,  2  Pet.,  449.) 

Power  of  /State  does  not  extend  to  means  employed  ~by  Congress  to 
carry  into  execution  ^.powers  conferred  upon  it. — All  subjects  over 
which  the  sovereign  power  of  a  State  extends  are  objects  of  taxation; 
but  those  over  which  it  does  not  extend  are,  upon  the  soundest  prin- 
ciples, exempt  from  taxation.  The  sovereignty  of  a  State  extends  to 
everything  which  exists  by  its  own  authority,  or  is  introduced  by  its 
permission,  but  not  to  those  means  which  are  employed  by  Congress 
to  carry  into  execution  powers  conferred  on  that  body  by  the  people 
of  the  United  States.  The  attempt  to  use  the  power  of  taxation  on 
the  means  employed  by  the  government  of  the  Union  in  pursuance  of 
the  Constitution,  is  itself  an  abuse,  because  it  is  the  usurpation  of  a 
power  which  the  people  of  a  single  State  can  not  give.  (Weston  v. 
The  City  Council  of  Charleston,  2  Pet.,  449;  citing  McCulloch  v. 
Maryland,  4  Wheat.,  316.) 

Same. — The  State  has  no  power,  by  taxation,  or  otherwise,  to 
retard,  impede,  burden,  or  in  any  manner  control  the  operation  of  the 
constitutional  laws  enacted  by  Congress,  to  carry  into  execution  the 
powers  vested  in  the  general  government.  (Ibid.) 

Exemption  of  agencies  of  Federal  Government  depends  upon  effect 
of  tax — A  tax  upon  their  operations  can  not  be  upheld. — The  exemp- 
tion of  agencies  of  the  Federal  Government  from  taxation  by  the 
States  is  dependent,  not  upon  the  nature  of  the  agents  nor  upon  the 
mode  of  their  constitution,  nor  upon  the  fact  that  they  are  agents,  but 
upon  the  effect  of  the  tax ;  that  is,  upon  the  question  whether  the  tax 
does  in  truth  deprive  them  of  power  to  serve  the  government  as  they 
were  inclined  to  serve  it,  or  hinder  the  efficient  exercise  of  their  power. 
A  tax  upon  their  property  merely,  having  no  such  necessary  effect, 
and  leaving  them  free  to  discharge  the  duties  they  have  undertaken  to 
perform,  may  be  rightfully  laid  by  the  State.  A  tax  upon  their 
operations,  being  a  direct  obstruction  to  the  exercise  of  Federal 
powers,  may  not  be.  (Railroad  Company  v.  Peniston,  18  Wall.,  5.) 


TAXATION.  489 

When  State  taxation  upheld. — All  State  taxation  which  does  not 
impair  the  agent's  efficiency  in  the  discharge  of  his  duties  to  the  gov- 
ernment has  been  sustained  when  challenged,  and  a  tax  upon  his 
property  generally  has  not  been  regarded  as  beyond  the  power  of  a 
State  to  impose.  (Ibid.) 

An  incident  of  sovereignty — Right  of  legislation  co-extensive  with 
jurisdiction  of  State — Limitations  upon  that  right. — Taxation  is  a 
sacred  right,  essential  to  the  existence  of  government;  an  incident  of 
sovereignty.  The  right  of  legislation  is  co-extensive  with  the  incident, 
to  attach  it  upon  all  persons  and  property  within  the  jurisdiction 
of  a  State.  But  in  our  system  there  are  limitations  upon  that  right. 
There  is  a  concurrent  right  of  legislation  in  the  states  and  the  United 
States,  except  as  both  are  restrained  by  the  Constitution  of  the 
United  States.  Both  are  restrained  by  express  prohibitions  in  the 
Constitution,  and  the  states,  by  such  as  are  reciprocally  implied, 
when  the  exercise  of  the  right  by  a  state  conflicts  with  the  perfect  exe- 
cution of  another  sovereign  power  delegated  to  the  United  States. 
That  occurs  when  taxation  by  a  state  acts  upon  the  instruments,  and 
emoluments,  and  persons  which  the  United  States  may  use  and  employ 
as  necessary  and  proper  means  to  execute  their  sovereign  power.  The 
government  of  the  United  States  is  supreme  within  its  sphere  of 
action.  The  means  necessary  and  proper  to  carry  into  effect  the 
powers  in  the  Constitution  are  in  Congress.  (Dobbins  v.  Commis- 
sioners of  Erie  County,  16  Pet,  435.) 

Law  of  State  imposing  a  tax  upon  an  office,  held  under  the  United 
States  invalid. — The  compensation  of  an  officer  of  the  United  States 
is  fixed  by  a  law  made  by  Congress.  It  is  in  its  exclusive  discretion 
to  declare  what  shall  be  given.  It  exercises  the  discretion  and  fixes 
the  amount ;  and  confers  upon  the  officer  the  right  to  receive  it  when  it 
has  been  earned.  Any  law  of  a  state  imposing  a  tax  upon  the  office, 
diminishing  the  recompense,  is  in  conflict  with  the  law  of  the  United 
States  which  secures  the  allowance  to  the  officer.  (Ibid.) 

Limitation  upon  power  of  State  to  tax — State  tax  laws  can  not  re- 
strain action  of  national  government. — All  subjects  over  which  the 
sovereign  power  of  a  state  extends  are,  as  a  general  rule,  proper  ob- 
jects of  taxation,  but  the  power  of  a  state  to  tax  does  not  extend  to 
those  means  which  are  employed  by  Congress  to  carry  into  execution 
the  powers  conferred  in  the  federal  Constitution.  (Citing  McCul- 
loch  v.  Maryland,  4  Wheat.,  429.)  Unquestionably  the  taxing  power 
of  the  states  is  very  comprehensive  and  pervading,  but  it  is  not  with- 
out limits.  State  tax  laws  can  not  restrain  the  action  of  the  national 
government,  nor  can  they  abridge  the  operation  of  any  law  which 
Congress  may  constitutionally  pass.  They  may  extend  to  every  ob- 
ject of  value  within  the  sovereignty  of  the  state,  but  they  can  not 
reach  the  administration  of  justice  in  the  Federal  Courts,  nor  the  col- 
lection of  the  public  revenue,  nor  interfere  with  any  constitutional 
regulations  of  commerce.  (Society  for  Savings  v.  Coite,  6  Wall., 
594,  605 ;  citing  Brown  v.  Maryland,  12  Wheat.,  448 ;  Weston  et  al.  v. 
Charleston,  2  Pet.,  467.) 

Officer  or  soldier,  though  not  taxable  officially,  may  be  person- 
ally.— An  officer  or  soldier  of  the  army,  though  not  taxable  officially, 
may  be  and  often  is  taxable  personally.  He  is  not  taxable  by  a  state 
for  his  pay,  or  for  the  arms,  instruments,  uniform  clothing,  or  other 


490  UNITED  STATES  MILITARY  RESERVATIONS,  ETC. 

property  pertaining  to  his  military  office  or  capacity,  but  as  to  house- 
hold furniture  and  other  personal  property,  not  military,  he  is  (ex- 
cept where  stationed  at  a  place  under  the  exclusive  jurisdiction  of 
the  United  States),  equally  subject  with  other  residents  or  inhabit- 
ants to  taxation  under  the  local  law.  (Dig.  Opins.,  J.  A.  Genl.,  1901, 
sec.  2428.) 

When  post  trader  on  military  reservation  liable  to  be  taxed  by  civil 
authorities  of  Territory  or  State. — The  mere  fact  that  a  post  trader 
carries  on  business  on  a  military  reservation  in  a  Territory  can  not, 
(in  the  absence  of  any  provision  in  the  organic  act  relieving  him 
therefrom),  affect  his  liability  to  be  taxed  by  the  civil  authorities; 
nor  can  such  liability  be  affected  by  the  fact  that  he  carries  on  busi- 
ness on  a  military  reservation  within  a  /State ,  unless  exclusive  juris- 
diction over  the  same  has  been  ceded  to  or  reserved  by  the  United 
States.  (Ibid.,  sec.  2027.) 

Post  traders  may  be  required  to  take  out  and  pay  for  a  license 
under  State  or  Temtorial  law — The  legality  of  tax  a  question  for 
the  local  courts. — It  was  held  by-  Attorney-General  Gushing  in  1855 
(7  Opins.  Attys.  Genl.,  578),  that  a  sutler  employed  at  a  military 
post  could  not  legally  be  required  by  the  authorities  of  a  State  to 
take  out  a  license  to  enable  him  to  make  sales  to  officers  or  soldiers  of 
the  army,  or  to  pay  a  tax  on  the  articles  kept  by  him  at  the  post  for 
making  such  sales ;  and  this  on  the  ground  that  "  the  supply  of  goods 
to  the  officers  and  soldiers  of  a  post  by  the  post  sutler  is  one  of  the 
means  authorized  by  Congress  in  the  exercise  of  the  war  power 
intrusted  to  it  by  the  Constitution."  (Ibid.,  sec.  2026.) 

Legal  residence. — The  fact  that  an  officer  is  stationed  within  a  par- 
ticular State  or  Territory  does  not  make  the  same  his  legal  residence, 
since  he  is  there,  not  by  his  own  will  or  choice,  but  in  obedience  to 
the  order  of  a  superior,  and  moreover  can  have  no  animus  manendi 
subject  as  he  is  to  be  removed  at  any  moment  by  a  similar  order  to  a 
station  in  a  different  State  or  Territory.  (Citing  Graham  v.  Com- 
monwealth, 51  Pa.  St.,  258 ;  Wood  v.  Fitzgerald,  3  Oreg.,  568 ;  Taylor 
v.  Eeading,  4  Brewst.,  439,  and  Devlin  v.  Anderson,  38  Cal.,  92.) 
Exceptions,  however,  to  this  general  rule  may  exist  in  the  cases  of 
officers  who  are  not  subject,  or  likely,  to  have  their  places  of  habit- 
ancy  changed  by  superior  military  authority.  Such  are  the  cases 
of  the  officers — the  chiefs  of  .the  staff  corps  for  instance — whose  du- 
ties require  them  to  remain,  or  at  least  have  their  offices,  permanently 
in  Washington;  and  such  are  also  the  cases  of  the  majority  of  the 
officers  on  the  retired  list.  In  any  such  exceptional  case,  the  question 
of  residence,  where  it  is  at  all  doubtful,  will,  in  the  main,  as  in  the 
cases  of  civilians,  be  determined  by  the  evidence  of  an  animus 
manendi,  as  exhibited  by  the  acts  and  declarations  of  the  party. 
(Ibid.,  sec.  2177.) 

Same. — If  a  legal  residence  in  a  certain  State  has  once  existed, 
mere  temporary  absence,  however  long-continued,  as  the  result  of  an 
enlistment  or  enlistments  in  the  army,  will  not  destroy  it.  (Citing 
Brewer  v.  Linnaeus,  36  Me.,  428.)  Liability  to  taxation,  or  other 
liability  as  a  resident  of  a  certain  locality,  is  not  ordinarily  affected 
by  the  enlisting  or  holding  of  a  commission  in  the  army  and  the  being 
stationed  at  a  place  other  than  such  locality ;  the  party  being  at  such 
place  not  by  his  own  volition,  and  the  animus  revertendi  to  the  orig- 


TITLE.  491 

inal  domicile  being  presumed  to  still  subsist.  (Ibid.,  sec.  2179,  citing 
Jacobs,  Law  of  Domicile,  401.) 

Military  reservations — Not  liable  to  ~be  assessed  for  public  improve- 
ments.— In  ceding  to  the  United  States  exclusive  jurisdiction  over  a 
military  reservation,  the  act  of  the  legislature  of  the  State  need  not 
specifically  relinquish  the  right  to  tax,  as  the  State  independently 
of  any  act  of  cession  has  no  right  to  tax  the  means  or  instrumentalities 
whereby  the  government  of  the  United  States  performs  its  functions. 
And  this  includes  and  applies  to  a  municipality  within  the  State  as 
being  a  part  of  the  State  and  created  by  it.  So  held,  that  a  tax  levied 
by  the  city  of  Buffalo,  N.  Y.,  on  the  lands  of  the  Fort  Porter  military 
reservation,  for  non-payment  of  assessments,  or  otherwise,  was  wholly 
illegal  and  void.  Similarly  held,  that  the  city  authorities  of  High- 
land Park,  Illinois,  were  not  empowered  to  levy  on  the  Fort  Sheridan 
reservation  for  the  improvement  of  adjacent  lands  or  for  other  public 
improvements.  (Ibid.,  sec.  2435.) 

Same. — When  the  absolute  title  to  property  remains  in  the  United 
States,  no  matter  for  what  purpose  it  is  acquired  or  held,  it  is  not  sub- 
ject to  State  or  Municipal  taxation.  (Am.  and  Engl.  Ency.  of  Law, 
Vol.  25,  p.  110,  and  cases  cited.) 

Execution  of  State  laws. — With  respect  to  land  owned  by  the 
United  States  within  the  limits  of  a  State,  over  which  the  State  has 
not  parted  with  its  jurisdiction,  the  United  States  stands  in  the  rela- 
tion of  a  proprietor  simply ;  and  the  State  officers  have  the  same 
right  to  enter  upon  such  land,  or  into  the  buildings  located  there,  and 
seize  the  personal  property  of  individuals  for  non-payment  of  taxes 
thereon,  as  they  have  to  enter  upon  the  land  or  into  the  buildings  of 
any  other  proprietor  for  the  same  purpose ;  such  right  being  so  exer- 
cised as  not  to  interfere  with  the  operations  of  the  General  Govern- 
ment. (Vol.  14,  pp.  199,  200,  Opins.  Attys.  Genl.) 

TITLE. 

Authority  to  purchase  lands. — No  land  shall  be  purchased  on  ac- 
count of  the  United  States,  except  under  a  law  authorizing  such  pur- 
chase. (Sec.  3T36,  U.  S.  Eev.  Stats.) 

The  United  States  may  acquire  title  to  land  when  taken  as  security 
for  debt.— The  seventh  section  of  the  act  of  May  1,  1820  (3  Stat., 
568 ) ,  does  not  prevent  the  acquisition  of  the  legal  title  to  land  by  the 
United  States,  when  taken  as  security  for  a  debt  by  the  proper  officer, 
though  not  specially  required  or  authorized  by  any  particular  act  of 
Congress.  (Neilson  v.  Lagow,  12  Howard,  98.) 

The  United  States  may  receive  real  property  as  a  security  for  debt 
and  eventually  acquire  title  thereto. — The  United  States,  in  their 
political  capacity,  may  enter  into  contracts,  may  take  a  bond,  and  may 
receive  real  or  other  property  as  security  for  a  debt,  in  cases  not 
previously  provided  for  by  law.  This  power  exists  as  an  incident  to 
the  general  right  of  sovereignty;  and  the  government  being  a  body 
politic,  may,  within  the  sphere  of  the  constitutional  powers  confided 
to  it,  and  through  the  instrumentality  of  the  proper  department  to 
which  those  powers  are  confided,  enter  into  contracts  not  prohibited 
by  law,  and  appropriate  to  the  just  exercise  of  those  powers.  It  does 
not  require  legislation  to  empower  the  proper  department  to  act  in 


492  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

making  the  contract  or  receiving  the  security ;  the  power  exists  as  an 
incident  to  sovereignty,  and  may  be  exercised  by  the  proper  depart- 
ment if  not  forbidden  by  legislation.  (Dikes  v.  Miller,  25  Texas 
Supp.,  281.  See  Dugan  v.  The  United  States,  3  Wheat.,  172 ;  The 
United  States  v.  Tingey,  5  Peters,  114;  The  United  States  v.  Bradley, 
10  Peters,  343 ;  The  United  States  v.  Levin,  15  Peters,  290 ;  Nelson  v. 
Lagow,  12  Howard.  107,  and  The  United  States  v.  Lane,  3  McLean, 
366.) 

Reservation  for  public  purposes. — Decision  as  to  the  quantity  of 
land  to  be  reserved  for  public  use,  and  the  places  where  to  be  located, 
rests  in  the  discretion  of  the  President,  subject  to  such  regulations 
as  may  from  time  to  time  be  provided  by  law,  either  as  to  the  particu- 
lar use,  the  quantity,  or  the  subsequent  disposal  thereof  for  private 
use.  (Vol.  6,  p.  156,  Opins.  Attys.  Gen.)  "  The  subsequent  disposal 
thereof  for  private  use  "  has  been  modified  by  acts  of  Congress,  par- 
ticularly the  act  approved  July  5,  1884,  which  reads  as  follows : 

"  That  whenever,  in  the  opinion  of  the  President  of  the  United 
States,  the  lands,  or  any  portion  of  them,  included  within  the  limits 
of  any  military  reservation  heretofore  or  hereafter  declared,  have 
become  or  shall  become  useless  for  military  purposes,  he  shall  cause 
the  same  or  so  much  thereof  as  he  may  designate,  to  be  placed  under 
the  control  of  the  Secretary  of  the  Interior  for  disposition  as  herein- 
after provided,  and  shall  cause  to  be  filed  with  the  Secretary  of  the 
Interior  a  notice  thereof."  (Act  of  July  5,  1884 ;  23  Stats.,  p.  103.) 

Lands  acquired  by  United  States  for  public  purposes  are  not  public 
lands.— Lands  acquired  by  the  United  States  for  public  uses,  by  pur- 
chase with  the  consent  of  the  States,  or  by  an  exercise  of  the  right  of 
eminent  domain,  are  not  public  lands,  that  term  applying  only  to 
"  such  lands  as  are  subject  to  sale  or  other  disposition  under  general 
laws."  (Newhall  v.  Sanger,  92  U.  S.,  761;  Vol.  5,  p.  578,  Opins. 
Attys.  Genl.)  The  power  over  the  public  lands  is  vested  in  Congress 
by  the  Constitution,  without  limitation,  and  is  the  foundation  upon 
which  the  territorial  government  rests.  (U.  S.  v.  Gratiot,  14  Pet., 
526.) 

Title  to  lands  purchased — When  money  can  be  expended — Duties 
of  officers. — No  public  moneys  shall  be  expended  upon  any  site  or 
land  purchased  by  the  United  States  for  the  purposes  of  erecting 
thereon  any  armory,  arsenal,  fort,  fortification,  navy-yard,  custom- 
house, light-house,  or  other  public  building  of  any  kind  whatever, 
until  the  written  opinion  of  the  Attorney-General  shall  be  had  in 
favor  of  the  validity  of  the  title,  nor  until  the  consent  of  the  legisla- 
ture of  the  State  in  which  the  land  or  site  may  be,  to  such  purchase, 
has  been  given.  The  district  attorneys  of  the  United  States,  upon  the 
application  of  the  Attorney -General,  shall  furnish  any  assistance 
or  information  in  their  power  in  relation  to  the  titles  of  the  public 
property  lying  within  their  respective  districts.  And  the  Secretaries 
of  the  Departments,  upon  the  application  of  the  Attorney-General, 
shall  procure  any  additional  evidence  of  title  which  he  may  deem  nec- 
essary and  which  may  not  be  in  the  possession  of  the  Officers  of  the 
government,  and  the  expenses  of  procuring  it  shall  be  paid  out  of  the 
appropriations  made  for  the  contingencies  of  the  Departments  respec- 
tively. (Sec.  355,  U.  S.  Rev.  Stats.) 

Examination  of  land  titles. — Upon  this  subject  the  Hon.  Caleb 
Gushing  spoke  as  follows :  "  Morally  speaking,  professionally  speak- 


TITLE.  493 

ing,  officially  speaking,  when  the  Attorney-General  certifies  the  valid- 
ity of  a  title  he  warrants  it  to  the  Government.  He  does  not  warrant 
in  law,  as  he  does  a  piece  of  his  own  land  which  he  sells ;  but  he  war- 
rants in  honor  and  conscience.  It  is  upon  the  sole  faith  of  his  war- 
ranty, regardless  of  the  warrantors  in  the  deed,  that  the  government 
buys  the  land,  and  proceeds  to  expend,  it  may  be,  millions  of  the 
public  treasure,  in  the  construction  of  edifices  for  the  permanent  use 
of  the  United  States."  (Vol.  8,  p.  407  Opins.  Attys.  Genl.) 

Title  to  land  may  be  acquired  by  the  United  States  prior  to  consent 
of  State  to  the  purchase. — Section  355,  Revised  Statutes,  in  prohib- 
iting the  expenditure  of  public  money,  for  the  purposes  therein  men- 
tioned, before  the  consent  of  the  State  to  the  purchase  of  the  land  is 
obtained,  does  not  preclude  the  mere  purchase  itself.  The  land, 
therefore,  may  legally  be  paid  for,  and  the  title  thereto  acquired,  in 
the  absence  of  such  consent.  (Citing  Vol.  10,  p.  39,  Opins.  Attys. 
Genl.;  15  id.,  213.)  Neither  the  constitutional  provision  (Art.  1, 
Sec.  8,  cl.  17)  nor  the  statute  (Sec.  355,  R.  S.)  precludes  the  United 
States  from  acquiring  the  title  to  the  land.  (Dig.  Opin.  J.  A.  Genl., 
1901,  sec. '683.) 

Direct  tax  sale — Evidence  of  title — Certificate. — A  certificate 
signed  by  only  two  of  the  direct-tax  commissioners  appointed  under 
the  act  of  Congress  of  June  7,  1862,  that  land  charged  with  the  tax 
had  been  sold  to  the  United  States  is  admissible  in  evidence  in  an 
action  brought  to  try  the  title  to  land.  It  is  error  to  rule  such  a  cer- 
tificate void.  The  act  of  Congress  contemplates  a  certificate  of  sale 
though  the  United  States  becomes  the  purchaser.  (Cooley  v.  O'Con- 
ner,  12  Wall.,  391.) 

Effect  of  certificate  as  evidence — How  affected. — Where  lands  have 
been  sold  for  an  unpaid  direct  tax,  the  tax-sale  certificate  is,  under 
the  act  of  February  6,  1863,  (12  Stat.,  640),  prima  facie  evidence 
not  only  of  a  regular  sale,  but  of  all  the  antecedent  facts  which  are 
essential  to  its  validity  and  to  that  of  the  purchaser's  title.  It  can 
only  be  affected  by  establishing  thajt  the  lands  were  not  subject  to  the 
tax,  or  that  it  had  been  paid  previously  to  the  sale,  or  that  they  have 
been  redeemed  according  to  the  provisions  of  the  act.  The  ruling  in 
Cooley  v.  O'Conner  (12  Wall.,  391),  that  the  act  of  Congress  contem- 
plates such  a  certificate  where  the  United  States  is  the  purchaser  reaf- 
firmed. (De  Treville  v.  Smalls,  98  U.  S,,  517.) 

Certificate  given  by  commissioner  prima  facie  evidence  of  regu- 
larity of  sale,  etc. — The  court  reaffirms  the  doctrine  in  De  Treville  v. 
Smalls  (98  U.  S.,  517) ,  that  the  certificate  given  by  the  commissioners  to 
the  purchaser  of  lands  at  a  sale  for  a  direct  tax,  under  the  act  of  June 
7,  1862,  (12  Stat,  422),  as  amended  by  the  act  of  February  6,  1863, 
(id.,  640),  is  prima  facie  evidence  of  the  regularity  of  the  sale  and  of 
all  the  antecedent  facts  essential  to  its  validity  and  to  that  of  his  title 
thereunder,  and  that  it  can  only  be  affected  by  establishing  that  the 
lands  were  not  subject  to  the  tax,  or  that  it  had  been  paid  previously 
to  the  sale,  or  that  they  had  been  redeemed.  (Keeley  v.  Sanders,  99 
U.  S.,  441;  the  rulings  in  above  case  and  in  De  Treville  v.  Smalls 
reaffirmed  in  Sherry  v.  McKinley,  99  U.  S.,  496). 

Sale  of  land  for  taxes  the  highest  exercise  of  sovereign  power — 
When  not  valid. — No  sale  of  land  for  taxes,  no  taxes  can  be  assessed 
on  any  property,  but  by  virtue  of  the  sovereign  authority  in  whose 


494  UNITED  STATES   MILITARY  RESERVATIONS,  ETC. 

jurisdiction  it  is  done.  If  not  assessed  by  direct  act  of  the  legislature 
itself,  it  must,  to  be  valid,  be  done  under  authority  of  a  law  enacted 
by  such  legislature.  A  valid  sale,  therefore,  for  taxes,  being  the 
highest  exercise  of  sovereign  power  of  the  States,  must  carry  the-  title 
to  the  property  sold,  and  if  it  does  not  do  this,  it  is  because  the  assess- 
ment is  void.  (Northern  Pacific  Eailroad  Company  v.  Traill  County, 
115  U.  S.,  600.) 

Devise  of  lands  to  United  States  void  in  New  York. — The  several 
States  of  the  Union  possess  the  power  to  regulate  the  tenure  of  real 
property  within  their  respective  limits,  the  modes  of  its  acquisition 
and  transfer,  the  rules  of  its  descent,  and  the  extent  to  which  a  testa- 
mentary disposition  of  it  may  be  exercised  by  its  owners.  By  a 
Statute  of  New  York  a  devise  of  lands  in  that  State  can  only  be  made 
to  natural  persons  and  to  such  corporations  as  are  created  under  the 
laws  of  the  State  and  are  authorized  to  take  by  devise.  A  devise, 
therefore,  of  lands  in  that  State  to  the  government  of  the  United 
States  is  void.  (United  States  v.  Fox,  98  U.  S.  Kep.,  315.)  ^ 

The  right  of  the  State  of  New  York  under  the  reservation  in  the 
grant  of  lands  to  the  United  States  limited  by  the  purposes  of  the 
'grant. — Where  certain  land  (now  constituting  part  of  the  Fort  Por- 
ter Military  reservation  at  Buffalo,  N.  Y.)  was  granted  to  the  United 
States  under  an  act  of  the  legislature  of  New  York,  dated  February 
28,  1842,  "  for  military  purposes,  reserving  a  free  and  uninterrupted 
use  and  control  in  the  canal  commissioners  of  all  that  may  be  neces- 
sary for  canal  and  harbor  purposes."  Held,  That  the  right  of  the 
State,  under  the  reservation  in  the  grant  is  limited  by  the  purposes 
of  the  grant,  and  that  the  State  is  not  entitled  to  use  the  land  for  any 
purpose,  if  thereby  the  use  for  the  military  purposes  of  the  United 
States  will  be  interfered  with ;  yet  that  the  State  has  a  right  to  use 
so  much  of  the  land  as  may  be  necessary  for  canal  and  harbor  pur- 
poses, when  such  use  does  not  interfere  with  its  use  for  the  military 
purposes  of  the  government.  Accordingly,  held,  that  the  Secretary 
of  War  may  permit  the  State  of  New  York  to  use  so  much  of  the 
premises  for  canal  purposes  as  will  not  interfere  with  the  use  thereof 
for  military  purposes.  (In  short,  the  reservation  in  the  grant  can 
be  deemed  valid  only  so  far  as  it  is. not  repugnant  to  the  grant.) 
(Vol.  16,  p.  592,  Opins.  Attys.  Genl.) 

Conveyance  upon  compromise  of  question  of  title  valid. — The  deed 
of  conveyance  executed  to  the  United  States  on  the  25th  day  of  Octo- 
ber, 1854,  by  the  City  of  Carondelet,  of  a  part  of  the  Commons  of 
Carondelet  upon  which  Jefferson  Barracks  are  situated,  having  been 
based  upon  an  equitable  compromise  of  a  long-pending  and  doubtful 
question  of  title,  is  valid.  (City  of  St.  Louis  v.  The  United  States, 
92  U.  S.,  462.) 

Lands  can  not  be  purchased  nor  accepted  as  a  gift  for,  or  donation 
to,  the  United  States  in  the  absence  of  statutory  authority — The  word 
"  purchase  "  construed. — In  the  absence  of  statutory  authority,  land 
can  not  be  purchased  for  the  United  States  with  any  more  legality 
than*  land  of  the  United  States  can  be  sold  or  disposed  of.  By  a 
provision  of  the  Act  of  May  1,  1820,  now  contained  in  Section  3736, 
Revised  Statutes,  it  is  declared  that  "  No  land  shall  be  purchased  on 
account  of  the  United  States  except  under  a  law  authorizing  such 
purchase."  Held  that  the  term  "  purchase  "  was  to  be  understood 


TITLE.  495 

in  its  legal  sense,  as  embracing  any  mode  of  acquiring  property  other 
than  by  descent  (citing  Vol.  7,  pp.  114,  121,  Opins.  Attys.  Genl.  and 
Ex  parte  Hebard,  4  Dillon,  344)  ;  and  that  therefore  the  Secretary 
of  War  would  not  be  empowered  to  accept  a  gift  of  land  or  inter- 
est in  land,  for  any  use  or  purpose  independently  of  statutory  au- 
thority. (Concurred  in  by  an  opinion  of  the  Attorney-General  in 
Vol.  16,  p.  414,  Opins.  Attys.  Genl.)  And  similarly  held  as  to  the 
construction  of  the  same  word  ("  purchase  "),  as  employed  in  Section 
355,  Revised  Statutes,  and  advised  that  an  appropriation  of  public 
money  could  not  legally  be  expended  for  the  erection  of  a  public 
building  upon  land  donated  to  the  United  States,  until  the  Attorney- 
General  had  approved  the  title,  and  the  legislature  of  the  State  in 
Avhich  the  land  was  situated  had  given  its  consent  to  the  grant. 
(Digest  Opins.  J.  A.  Genl.,  1901,  sec.  2105,  citing  Vol.  10,  p.  35,  and 
Vol.  15,  p.  212,  Opins.  Attys.  Genl.  to  the  effect  that  under  the  implied 
authority  contained  in  Sec.  1838,  Rev.  Stats.,  lands  required  as  sites 
for  forts,  arsenals,  etc.,  or  needful  public  buildings,  may  be  purchased 
(or  acquired  by  gift)  without  the  consent  of  the  State,  though  in  the 
absence  of  such  consent,  public  money  can  not,  in  view  of  the  pro- 
visions of  Sec.  355,  legally  be  expended  upon  the  buildings.} 

Title  to  soil  under  tide  water. — It  is  a  well-settled  rule  of  law  in 
this  court  that  absolute  property  in,  and  dominion  and  sovereignty 
over,  the  soils  under  the  tide  waters  in  the  original  States  were 
reserved  to  the  several  States,  and  that  the  new  States  since  admitted 
have  the  same  rights,  sovereignty,  and  jurisdiction  in  that  behalf  as 
the  original  States  possess  within  their  respective  borders.  Upon 
the  acquisition  of  the  territory  from  Mexico  the  United  States 
acquired  the  title  to  tide  lands  equally  with  the  title  to  upland ;  but 
with  respect  to  the  former  they  hold  it  only  in  trust  for  the  future 
States  that  might  be  erected  out  of  such  territory.  (Knight  v. 
United  States  Land  Association,  142  U.  S.  Rep.,  182,  citing  Martin  v. 
Waddell,  16  Pet.,  367,  410;  Pollard  v.  Hogan,  3  How.,  212,  229; 
Goodtitle  v.  Kibbe,  9  How.,  471,  478;  Mumford  v.  Wardwell,  6 
Wall.,  423,  436;  and  Weber,  v.  Harbor  Commissioners,  18  Wall., 
57,  65.) 

The  United  States  hold  public  lands  by  virtue  of  deeds  of  cession 
and  statutes,  not  by  sovereignty.  (Pollard's  Lessee  v.  Hogan,  3 
How.,  212.) 

Title  to  shores  of  navigable  waters  and  the  soil  under  them. — The 
shores  of  navigable  waters  and  the  soil  under  them  were  not  granted 
by  the  Constitution  to  the  United  States,  but  reserved  to  the  States 
respectively.  And  the  new  States  have  the  same  rights  as  the  origi- 
nal States,  (Ibid.) 

Reservation. — The  President  may  reserve  from  sale  and  set  apart 
for  public  use  parcels  of  land  belonging  to  the  United  States,  and 
may  modify  a  reservation  previously  made.  (Grisar  v.  McDowell, 
6  Wall.,  p.  364.) 

Validity  of  Executive  order  rests  on  established  and  recognized 
power  in  the  President — Power  recognized  by  Congress. — The  valid- 
ity of  the  Executive  Order  rests,  not  on  the  Statute,  but  on  a  long- 
established  and  long-recognized  power  in  the  President  to  withhold 
from  sale  or  settlement,  as  he  may  deem  proper.  Congress  recog- 
nized this  power  in  the  Oregon  legislation  which,  while  not  granting, 


496  UNITED   STATES   MILITARY   RESERVATIONS,   ETC. 

simply  sought  to  restrict  that  already  existing.  When  Congress 
creates  an  exception  from  a  power,  it  necessarily  affirms  the  existence 
of  such  power,  and  hence  the  well-known  axiom  that  the  exception 
proves  the  rule.  Congress  has  recognized  this  power  in  the  President 
by  various  acts,  notably  May  29,  1830  (4  Stat,  421),  and  September 
4,  1841  (5  Stat.,  456).  The  Supreme  Court  has  adjudged  the  exist- 
ence of  the  power  in  the  President.  (Wolcott  v.  Des  Moines  Com- 
pany, 5  Wall.,  681;  Grisar  v.  McDowell,  6  Wall.,  363;  Wolsey  v. 
Chapman,  101  U.  S.,  755;  Williams  v.  Baker,  17  Wall.,  144;  Wilcox 
v.  Jackson,  13  Pet.,  498). 

^State  can  not  regulate  transfer  of  lands  of  United  States — State's 
right  of  eminent  domain  does  not  extend  over  property  of  United 
States. — No  State  can,  by  her  laws,  regulate  the  mode  by  which  the 
lands  of  the  United  States  shall  pass  into  private  right  and  individ- 
ual property  in  opposition  to  the  laws  of  the  United  States.  The 
State  of  Illinois  has  undoubted  right  to  dispose  of  its  own  property 
as  it  shall  seem  expedient ;  and  it  has  the  right  of  eminent  domain,— 
that  is,  to  take  private  property  to  public  use,  making  just  compensa- 
tion to  owner.  But  this  right  of  eminent  domain  does  not  extend  to 
the  taking  of  the  public  property  of  the  Government  of  the  United 
States.  Therefore,  The  Chicago  and  Rock  Island  Railroad  Company 
and  Railroad  Bridge  Company  can  not  lawfully  enter  upon  and  use, 
for  the  purpose  of  a  road,  or  for  any  other  object,  the  military  reser- 
vation of  Rock  Island,  under  pretense  of  authority  from  the  State  of 
Illinois.  (Vol.  6,  p.  670,  Opins.  Attys.  Genl.) 

Reservation  of  land — When  made  at  request  of  the  Secretary  of 
War  equivalent  to  order  of  President. — A  reservation  of  lands,  made 
at  the  request  of  the  Secretary  of  War,  for  purposes  in  his  depart- 
ment, must  be  considered  as  made  by  the  President  of  the  United 
States  within  the  terms  of  the  act  of  Congress.  (Wilcox  v.  Jackson, 
13  Peters,  498.) 

Land  once  legally  appropriated,  no  longer  part  of  the  public 
land. — Whensoever  a  tract  of  land  shall  have  once  been  legally 
appropriated  to  any  purpose,  from  that  moment  the  land  thus  appro- 
priated becomes  severed  from  the  mass  of  public  lands ;  and  no  subse- 
quent law,  or  proclamation,  or  sale,  would  be  construed  to  embrace  it, 
or  to  operate  upon  it ;  although  no  other  reservation  were  made  of  it. 
(Ibid.) 

Question  as  to  when  title  passes  from  United  States  settled  by  laws 
of  United  States. — Whenever  the  question  in  any  court,  State  or  Fed- 
eral, is  whether  the  title  to  property  which  had  belonged  to  the 
United  States  has  passed,  that  question  must  be  resolved  by  the  laws 
of  the  United  States.  But  whenever  the  property  has  passed,  accord- 
ing to  those  laws,  then  the  property,  like  all  other  in  the  State,  is  sub- 
ject to  State  legislation ;  so  far  as  that  legislation  is  consistent  with 
the  admission  that  the  title  passed  and  vested  according  to  the  laws 
of  the  United  States.  (Ibid.) 

Reservation  in  Montana  not  limited  to  61$  acres — Limitation  in  act 
of  February  _/.£,  1853,  applies  to  Oregon  only — Power  of  President. — 
By  Executive  Order  of  August  5, 1888,  50  acres  of  land  were  added  to 
the  Fort  Missoula  military  reservation,  which  was  originally  estab- 
lished with  an  area  of  640  acres  by  Executive  Order  of  February  19, 
1877.  The  land  covered  by  these  orders  was  formerly  within  the  Ter- 


TITLE.  497 

ritory  of  Oregon;  but  under  the  act  of  March  2,  1853,  chapter  90, 
establishing  the  Territory  of  Washington,  it  fell  within  the  latter 
Territory;  and  when  the  Territory  of  Montana  was  created,  by  the 
act  of  May  26,  1864,  chapter  95,  it  became  a  part  of  that  Territory, 
and  so  remained  at  the  time  said  orders  were  issued.  By  the  act  of 
February  14,  1853,  chapter  69,  it  was  provided  that  all  reservations 
theretofore  as  well  as  thereafter  made  under  the  act  of  September  27, 
1850,  chapter  76  (which  applies  to  Oregon  only),  should  as  to  forts 
be  limited  to  not  exceeding  640  acres  at  any  one  place ;  and  the  afore- 
said act  of  May  26,  1864,  declared  that  all  laws  of  the  United  States 
not  locally  inapplicable  shall  have  the  same  force  and  effect  within 
the  Territory  of  Montana  as  elsewhere  within  the  United  States: 
Held,  that  the  act  of  1864  was  intended  to  give  effect  in  Montana  only 
to  such  general  laws  of  the  United  States  as  were  not  inapplicable  to 
that  Territory  and  not  to  legislation  of  a  special  or  local  character ; 
that  the  limitation  of  640  acres  was  not  made  operative  thereby  in 
Montana ;  that  the  President  was  fully  empowered  to  make  the  order 
of  August  5, 1888 ;  and  that  while  such  order  remained  unrevoked  the 
land  covered  thereby  is  not  open  to  entry  or  settlement.  (Vol.  19,  p. 
370,  Opins.  Attys.  Genl.) 

Regulations  of  Attorney -General  respecting  evidences  of  titles. — 
The  following  regulations  have  been  prepared  for  the  convenience  of 
those  who  may  have  occasion  to  draw  conveyances,  make  abstracts,  or 
collect  evidence  of  title  to  lands  in  cases  where  it  may  be  the  duty  of 
this  office  to  certify  concerning  the  validity  of  title.  A  strict  observ- 
ance of  them  will  greatly  facilitate  the  examination,  as  well  as  tend  to 
correct  conclusions: 

1.  The  deed  from  the  vendor  to  the  United  States  and  their  assigns 
must  be  acknowledged  according  to  the  laws  of  the  State,  District, 
or  Territory  where  the  land  lies. 

2.  A  plot  or  draft  of  the  land  should  be  furnished,  showing  the 
boundary  lines,  their  courses  and  distances,  and  the  adjoining  owners, 
streets,  rivers,  or  other  waters. 

3.  Where  the  property  proposed  to  be  sold  consists  of  more  than 
one  piece,  the  titles  to  which  are  derived  through  different  persons, 
the  dividing  lines  must  be  traced  on  the  draft,  and  the  separate 
pieces  distinctly  marked. 

4.  It  is  necessary  to  have  an  accurate  and  full  abstract  of  the  title, 
showing  its  transmission  from  the  original  source  to  the  vendor,  with 
each  transfer  noted  in  the  proper  order  of  time,  the  name  of  each 
grantor  and  grantee  written  at  length,  with  dates  showing  when  the 
several   conveyances   were  executed,   acknowledged,   and   recorded. 
This  abstract  must  note  every  fact  on  which  the  validity  of  the  title 
depends,  whether  it  be  proved  by  matter  of  record,  by  deed,  or  en  pais. 

5.  The  abstract  must  be  verified,  by  being  accompanied  either  with 
the  original  documents  it  refers  to,  or  else  with  copies  legally  authen- 
ticated. 

6.  The  title  papers  must  all  be  marked  with  numbers  corresponding 
to  the  numbers  under  which  they  are  arranged  in  the  abstract. 

7.  When  an  estate  in  the  land  has  passed  by  devise,  the  will  and 
the  probate  must  be  shown,  and  if  the  devisee  is  not  named,  proof  of 
his  identity  will  be  required. 

16809—10 32 


498  UNITED    STATES    MILITARY   RESERVATIONS,   ETC. 

8.  Where  it  has  descended  from  an  intestate  ancestor  to  his  heirs, 
satisfactory  proof  of  the  condition  and  number  of  the  decedent's 
family  must  be  given. 

9.  If  the  estate  has  passed  by  a  judicial  sale,  or  by  a  sale  under  the 
order  of  any  court,  or  if  it  has  been  divided  by  proceedings  in  parti- 
tion, the  regularity  of  the  sale  or  partition  must  be  shown  by  a  copy 
of  the  record. 

10.  The   foreclosure   of  a   mortgage   can   be   shown   only  by   an 
authentic  copy  of  the  proceedings  had  for  that  purpose. 

11.  When  the  wife  of  a  grantor  has  not  joined  in  a  deed,  some  evi- 
dence must  be  given  that  he  was  unmarried  at  the  time,  or  that  his 
wife  is  since  dead. 

12.  If  the  grantor  be  a  woman,  it  must  be  shown  that  she  was 
unmarried  at  the  date  of  the  deed  from  her. 

13.  When  a  deed  is  executed  by  the  heirs  of  a  person  within  twenty- 
one  years  after  his  death,  evidence  will  be  required  to  show  that  they 
were  of  full  age  at  the  time  of  the  grant. 

14.  When  the  title  has  passed  through  a  corporate  body,  the  charter 
must  be  produced  and  the  authority  of  the  officer  who  granted  away 
the  estate  must  be  shown. 

15.  When  the  estate  has  been  conditional,  it  will  be  necessary  to 
furnish  clear  proof  that  the  conditions  have  been  fulfilled  or  lawfully 
excused. 

16.  When  the  title  depends  on  statute  law,  other  than  the  public 
laws  of  the  United  States ;  upon  a  local  law,  differing  from  the  gen- 
eral rule  of  the  common  law;  upon  a  public  document,  or  upon  his- 
tory, the  books  relied  on  to  establish  it  should  be  accurately  referred 
to  and  the  page  noted. 

17.  Presumptions  arising  from  lapse  of  time  will  be  allowed  the 
weight  given  to  them  by  the  judicial  tribunals  of  the  State  where  the 
land  lies.     An  apparent  defect  in  an  old  deed  need  not  be  explained, 
if  the  possession  of  the  property  has  been  according  to  such  deed  for 
thirty  years  or  upward. 

18.  A  title  offered  to  the  United  States  will  not  be  regarded  as 
invalid  on  account  of  an  outstanding  title  which  has  been  barred  by 
a  legal  limitation.     But  in  all  cases  where  time  is  relied  on  to  extin- 
guish an  outstanding  title,  the  party  must  show  by  clear  proof,  not 
only  an  adverse  possession  for  the  full  period,  but  also  that  there  are 
no  persons  who  have  rights  that  may  be  saved  by  exceptions  to  the 
statute. 

19.  Before  sending  the  papers  to  this  office  for  examination,  they 
should  be  submitted  to  the  attorney  of  the  United  States  for  the  dis- 
trict in  which  the  land  lies.     It  will  be  his  duty  to  certify  an  opinion 
on  the  whole  title  and  to  state  particularly  whether  the  local  laws  are 
correctly  given,  the  papers  properly  authenticated,  and  the  facts  es- 
tablished by  satisfactory  proof.     (Opins.  Attys.  Genl.,  Vol.  9,  p.  528.) 


INDEX. 


A. 

Page. 

Adams,  Fort,  R.  1 337 

Admiralty  Head  (Land  at),  Wash.  (Fort  Casey) 426 

Agate  Passage  (Port  Madison),  Wash 438 

Aguadilla,  Porto  Rico 334 

Aibonito,  Porto  Rico 334 

Alcatraz  Island,  Cal 19 

Alexandria  National  Cemetery,  La 130 

Alexandria  National  Cemetery,  Va 394 

Allegheny  Cemetery  (Soldiers'Lot),  Pa 304 

Alton  Cemetery  (burial  lot  for  prisoners  of  war),  111 96 

Amaknak  Island,  Alaska 10 

Anastasia  Island,  Fla 45 

Anderson ville  National  Cemetery,  Ga 57 

Andrew,  Fort,  Mass 165 

Andrews,  Fort,  Mass 166 

Angel  Island,  Cal.  (Fort  McDowell) 22 

Angeles,  Luzon,  P.  I.  (Camp  Stotsenberg) 326 

Annapolis  National  Cemetery,  Md 153 

Antietam  Battlefield,  Md 154 

Antietam  National  Cemetery,  Md 157 

Apache,  Fort,  Ariz 13 

Aqueduct  Bridge,  D.  C 41 

Aqueduct  Bridge,  Va • 395 

Arcadia  Target  Range,  Mo 213 

Arlington  (see  also  Fort  Myer),  Va 397 

Arlington  National  Cemetery,  Va 400 

Armistead,  Fort,  Md 159 

Army  building,  N.  Y 241 

Army  and  Navy  General  Hospital,  Ark 15 

Ashland  Cemetery  (Soldiers'  Lot),  Pa 304 

Assinniboine,  Fort,  Mont 217 

Augusta  Arsenal,  Ga 58 

Augusta  National  Cemetery,  Me 138 

B. 

Baguio,  Luzon  (Camp  John  Hay),  P.  1 325 

Baker,  Fort,  Cal.  (Lime  Point) 19 

Baldwin ,  Fort,  Me 139 

Ball's  Bluff  National  Cemetery,  Va 400 

Banks,  Fort,  Mass 169,172 

Barrancas,  Fort,  Fla 45 

Barrancas  National  Cemetery,  Fla 46 

Barry,  Fort,  Cal 19 

Batangas,  Luzon,  P.  I.  (Camp  McGrath) 326 

Batan  Island,  P.I 323 

Baton  Rouge  National  Cemetery,  La 131 

Battery  Bienvenue,  La 132 

Battle  Ground  National  Cemetery,  D.  C 41 

Batton  Island,  Fla 46 

Baxter  Springs  National  Cemetery,  Kans 119 

Bayambang,  Luzon,  P.  I.  (Camp  Gregg) 325 

499 


500  INDEX. 

Page. 

Bay  Point,  S.  C 344 

Bayard,  Fort,  N.  Mex 237 

Bayside  (Point  Comfort),  N.  J 232 

Beacon  Island,  N.  C 288 

Beaufort  National  Cemetery,  S.  C 345 

Bedloe's  Island,  N.  Y.  (Fort  Wood) 286 

Bellona  Arsenal,  Va 400 

Benicia  (Post  and  Arsenal),  Cal 20 

Benjamin  Harrison,  Fort,  Ind 110 

Beverly  Gun  House,  Mass 173 

Beverly  National  Cemetery,  N.  J 232 

Biliran  Island,  P.  I 323 

Birches,  Alaska 7 

Bliss,  Fort,  Tex 373 

Boca  Grande  Island,  Fla.  (Cayo  Costa  Island) 47 

Boise  Barracks,  Idaho 94 

Bongao,  P.  1 324 

Brady,  Fort,  Mich 198 

Brady,  Fort,  Target  Range,  Mich 199 

Brothers  and  Sisters  and  Marin  Islands,  The,  Cal 21 

Brown,  Fort,  Tex 374 

Brownsville  National  Cemetery,  Tex 376 

C. 

Cacraray,  P.  1 324 

Calumpan  Point,  P.  1 329 

Camp  Bumpus,  P.  1 324 

Camp  Butler  National  Cemetery,  111 96 

Camp  Chase  Cemetery,  Ohio 298 

Camp  Connell  (Calbayog),  P.  1 324 

Camp  Downes,  P.  1 324 

Camp  Eldridge,  P.  1 325 

Camp  Gregg,  P.  1 325 

Camp  John  Hay,  P.  1 325 

Camp  Jossman,  Guimaras,  P.I 325 

Camp  Keithley,  P.  1 326 

Camp  McGrath,  P.I 326 

Camp  Nelson  National  Cemetery,  Ky 128 

Camp  Overton,  P.  1 326 

Camp  Stotsenberg,  P.I 326 

Camp  Wallace,  P.  1 326 

Camp  Wilhelm,  P.  I 327 

Canby,  Fort  (Cape  Disappointment),  Wash 425 

Canoe  Island,  Wash 425 

Cape  Disappointment,  Wash.  (Canby,  Fort) 425 

Cape  Fanshaw,  Alaska 7 

Carlisle  Barracks,  Pa 304 

Carroll,  Fort,  Md 159 

Casey,  Fort,  Wash 426 

Castle  Island,  Mass.  (Independence,  Fort) 176 

Castle  Pinckney,  S.  C ' 359 

Caswell,  Fort,  N.  C 289 

Cave  Hill  National  Cemetery,  Ky 126 

Cayo  Costa  Island  (or  Boca  Grande  Island),  Fla 47 

Cebu,  P.  I.  (Warwick  Barracks) 331 

Cedar  Keys,  Fla 

Cemetery  Lot  (near  Cincinnati),  Ohio 298 

Challam  Point  (land  opposite),  Wash 428 

Challam  Point,  Wash 428 

Chalmette  Monument,  La 133 

Chalmette  National  Cemetery,  La 133 

Chattanooga  National  Cemetery,  Tenn 363 

Chena,  Alaska 7 

Chesapeake  Bay  (Middle  Grounds),  Va 410 

Chestochena,  Alaska 7 


INDEX.  501 

Page. 

Chickamauga  and  Chattanooga  National  Park,  Ga 58 

Chickamauga  and  Chattanooga  National  Park,  Tenn.     (See  Georgia) 68 

China  or  White  Hall  Cemetery  (Soldiers'  Lot),  Pa 304 

Chinook  Point,  Wash.  (Fort  Columbia) 428 

Cincinnati,  Ohio.     (Cemetery  Lot) 298 

Circle,  Alaska 7 

City  Point  National  Cemetery,  Va 401 

Clark,  Fort,  Tex 377 

Clarks  Point,  Mass.  (Fort  Rodman) 185 

Clinch,  Fort,  Fla 47 

Cold  Harbor  National  Cemetery,  Va 401 

Columbia,  Fort,  Wash 428 

Columbia  Harmony  Association  (Burial  Site),  D.  C 41 

Columbus  Barracks,  Ohio 299 

Constitution,  Fort,  N.  H 229 

Constitution  Island,  N.  Y 282 

Copper  Center,  Alaska 7 

Cordova,  Alaska 7 

Corinth  National  Cemetery,  Miss 204 

Coronado  Beach,  Cal 21 

Craney  Island,  Va 403 

Crawford,  Fort,  Military  Reservation,  Wis 449 

Crockett,  Fort,  Tex 377 

Crook,  Fort,  Nebr 222 

Crown  Hill  National  Cemetery,  Ind 113 

Cuartel  Meisic,  P.  I 328 

Cuba,  Reservation  No.  1 36 

Cuba,  Reservation  No.  2 37 

Cuba,  Reservation  No.  3 37 

Culpeper  National  Cemetery,  Va 403 

Custer's  Battlefield  Reservation  National  Cemetery,  Mont 221 

Gushing  Island,  Me.  (Fort  Levett) 142 

Cypress  Hills  National  Cemetery,  N.  Y 241 

D. 

Bade,  Fort,  Fla 48 

Danville  National  Cemetery,  Ky 126 

Danville  National  Cemetery,  Va 403 

Daraga,  P.  1 327 

D.  A.  Russell,  Fort,  Wyo 451 

D.  A.  Russell,  Fort,  Target  and  Maneuver  Reservation,  Wyo 453 

David's  Island,  N.  Y.  (Fort  Slocum) 268 

Davis,  Fort,  Alaska 10 

Dead  Man's  Island,  Cal 21 

Deception  Pass  (North  Side),  Wash 429 

Deception  Pass  (South  Side),  Wash 429 

Deer  Island,  Mass 173 

Delaware,  Fort,  Del 38 

Delta,  Alaska 7 

Department  of  the  Missouri,  Headquarters,  Nebr 223 

De  Russy,  Fort,  Hawaii 90 

Des  Moines,  Fort,  Iowa 115 

Des  Moines,  Fort,  Target  Range,  Iowa 116 

De  Soto,  Fort,  Fla 48 

Diamond  Head,  Hawaii 92 

District  of  Columbia  Magazine,  D.  C 41 

Donnelly's,  Alaska 7 

Double  Bluff,  Wash 429 

Douglas,  Fort,  Utah 388 

Drum,  Fort,  P.I 327 

Duchesne,  Fort,  Utah 390 

Dumplings  (Fort  at),  R.  I.     (See  Fort  Wetherill) 342 

DuPont,  Fort,  Del 39 

Dutch  Island,  R.  I.  (Fort  Greble) 340 

Dyea,  Alaska 10 


502  INDEX. 

E. 

Page. 

Eagle  Pass  (Subpost  of  Clark,  Fort),  Tex 379 

Edgecomb,  Fort,  Me 139 

Egbert,  Fort,  Alaska 10 

Egmont  Island,  Fla.  (Fort  Dade) 48 

Estado  Mayor,  P.  1 328 

Ethan  Allen,  Fort,  Vt 391 

F. 

Fairbanks,  Alaska 7 

Fajardo  (Islands  near),  P.  R 334 

Fayetteville  National  Cemetery,  Ark 16 

Ferry  Point,  Va 405 

Finn's  Point,  N.  J.  (Mott,  Fort) 233 

Finn's  Point  National  Cemetery,  N.  J 235 

Five  Mile  Point,  Conn.  (Light  House  Point) 35 

Flag  Island,  Fla 48 

Flagler,  Fort,  Wash.  (Marrowstone  Point) 430 

Florence  National  Cemetery,  S.  C 345 

Foote,  Fort,  Md 159 

Ford's  Theater  Property,  D.  C , 41 

Forest  Hill  Cemetery  (Soldiers'  Lot),  Wis 448 

Forest  Home  Cemetery  (Soldiers'  Lot),  Wis 448 

Fort  Donelson  National  Cemetery,  Tenn 364 

Fort  Gibson  National  Cemetery,  Okla 299 

Fort  Harrison  National  Cemetery,  Va 408 

Foster,  Fort,  Me 139 

Frank,  Fort,  P.  1 327-329 

Foulweather  Point,  Wasji 431 

Frankford  Arsenal,  Pa 305 

Frankfort(Soldiers'Lot),Ky 126 

Fredericksburg  National  Cemetery,  Va 405 

Fred  Steele,  Fort  (Cemetery),  Wyo 456 

Fremont,  Fort,  S.  C 346 

G. 

Gaines,  Fort,  Ala 4 

Gakona,  Alaska 

Galveston  Island,  east  end  of,  Tex 379 

Gasparilla  Island,  Fla 

George  Wright,  Fort,  Wash 431 

Gerrish  Island,  Me.  (Fort  Foster) 139 

Getty,  Fort,  R.  I 339 

Gettysburg  National  Cemetery,  Pa 

Gettysburg  National  Park,  Pa 306 

Gibbon,  Fort,  Alaska 

Gibbon,  Fort,  Alaska  (Signal  Corps  Reserve) 

Gig  Harbor,  Wash 432 

Glendale  National  Cemetery,  Va 406 

Gloucester  Gun  House,  Mass 

Gloucester,  Wigwam  Point,  Mass 174 

Goat  Island  (Yerba  Fuena),  Cal 29 

Goat  Island  (Walcott,  Fort),  R.  1 343 

Goat  Island  (Fort  Whitman),  Wash 445 

Goose  Island,  Wash 432 

Gorges,  Fort,  Me 139 

Governor's  Island  (Jay,  Fort),  N.Y 248 

Governor's  Island,  Mass.  (Winthrop,  Fort) 197 

Graceland  Cemetery,  111 

Grafton  National  Cemetery,  W.  Va 447 

Grant,  Fort,  Ariz 

Great  Gull  Island,  N.  Y.  (Fort  Michie) 

Greble,  Fort,  R.  I 

Green  Lawn  Cemetery,  Ind 

Green  Mount  Cemetery  (Soldiers'  Lot),  Vt 


INDEX.  503 

Page. 

Greene,  Fort,  R.  1 340 

Griswold,  Fort,  Conn 31 

Grover's  Cliff,  Mass.  (Fort  Heath) 174 

Guantanamo  Bay,  Cuba 36 

Guimaras,  P.  I.  (Camp  Jossman) 325 

Gulkana,  Alaska 7 

H. 

Hale,  Fort,  Conn 33 

Hamilton,  Fort,  N.  Y 242 

Hampton  National  Cemetery,  Va 406 

Hancock  Barracks,  Me 140 

Hancock,  Fort,  N.  J.  (at  Sandy  Hook) 233 

Harrison,  Fort,  Mont 218 

Harrison,  Fort,  National  Cemetery,  Va 408 

Harrison,  Benjamin,  Fort,  Ind 110 

Hawkin's  Point,  Md.  (Fort  Armistead) 159 

Hazen  Monument,  Tenn 364 

Heath,  Fort,  Mass 172,174 

Henry  Barracks,  P.  R , 334 

H.  G.  Wright,  Fort,  N.  Y 247 

Hilton  Head,  S.  C , 347 

Hogan,  Alaska 7 

Honolulu,  Lots  in,  Hawaii 91 

Hood's,  Fort  at,  Va 408 

Hood's  Head,  Wash 432 

Hope  Island,  Wash 433 

Hot  Springs,  Alaska 

Hot  Springs  Reservation,  Ark 16 

Howard,  Fort,  Fla.  (Cedar  Keys) 47 

Howard,  Fort,  Md 160 

Huachuca,  Fort,  Ariz 14 

Hughes,  Fort,  P.  1 328-329 

Hunt,  Fort,  Va.  (Sheridan's  Point) 409 

I. 

Independence,  Fort  (Castle  Island),  Mass 176 

J. 

Jackson  Barracks,  La 133 

Jackson,  Fort,  La 134 

Japonski  Island,  Alaska 11 

Jay,  Fort,  N.  Y '. 248 

Jefferson  Barracks,  Mo 214 

Jefferson  City  National  Cemetery,  Mo 215 

Jefferson ville  Depot,  Ind 113 

Jolo,  P.  I 327 

Jossman,  Camp,  Guimaras,  P.  1 325 

K. 

Kahauiki,  Hawaii  (Fort  Shafter) 93 

Kalia,  Hawaii  (Fort  De  Russy) 90 

Kaltag,  Alaska 8 

Kamehameha,  Fort,  Hawaii 91 

Kapahuli,  Hawaii  (Fort  Ruger) 92 

Kennebec  Arsenal,  Me 141 

Keogh,  Fort,  Mont 219 

Keokuk  National  Cemetery,  Iowa 117 

Ketchumstock,  Alaska 8 

Keystone,  Alaska 8 

Key  West  Barracks,  Fla 49 

Key  West  Cemetery,  Fla 50 

Kitsap  County,  Lands  in,  Wash 436 


504  INDEX. 

Page. 

Knox,  Fort,  Me. 141 

Knoxville  National  Cemetery,  Tenn 365 

Kokrines,  Alaska 8 

Koyukuk,  Alaska 8 

L. 

Lafayette  National  Cemetery  (Soldiers'  Lot)  Pa 316 

Lafayette,  Fort,  N.  Y 248 

Laguna  Merced,  Cal 21 

Lakeside  Cemetery,  Mich 199 

Laurel  Cemetery  (Soldiers'  Lot),  Md 161 

Lawton,  Fort,  Wash.  (Magnolia  Bluff) 433 

Leavenworth,  Fort,  Kans 120 

Leavenworth,  Fort,  National  Cemetery,  Kans 122 

Lebanon  National  Cemetery,  Ky 127 

Lebanon  Cemetery  (Soldiers'  Lot),  Pa 317 

Lee,  Fort,  Mass 177 

Leon  Springs  Target  and  Maneuver  Range,  Tex 379 

Levett,  Fort,  Me.  (Gushing  Island) 142 

Lexington  National  Cemetery,  Ky 127 

Light-House  Point,  Conn 35 

Lime  Point,  Cal.  (Fort  Baker) 19 

Lincoln,  Fort,  N.  D 295 

Liscum,  Fort,  Alaska 

Liscum,  Fort,  Target  Range,  Alaska 

Little  Rock  National  Cemetery,  Ark 16 

Livingston,  Fort,  La * 134 

Logan,  Fort,  Colo 29 

Logan,  Fort,  Target  Range,  Colo 31 

Logan  H.  Roots,  Fort,  Ark 17 

Long  Island,  Me 143 

Long  Island,  Mass.  (Fort  Strong) 

Long  Point  (Provincetown),  Mass 178 

Lopez  Island  (Northwest  Portion),  Wash 435 

Lopez  Island  (Southwest  Portion),  Wash 435 

Los  Banos,  Luzon,  P.  I.  (Camp  Eldridge) 325 

Loudon  Park  National  Cemetery,  Md , 161 

Lovell's  Island  (Fort  Standish,  New),  Mass 193 

Lowden,  Alaska 

Lucena,  Luzon,  P.  I.  (Camp  Wilhelm) 327 

Lyon,  Fort,  Me 143 

M. 

Machias,  Fort,  Me 145 

Mackinac,  Fort,  Mich 

Mackinac  Island  National  Park,  Mich 

Macomb,  Fort,  La 135 

Macon,  Fort,  N.  C 290 

Madison  Barracks  (Post),  N.Y 249 

Madison  Barracks  (Stony  Point  Target  Range),  N.Y 253 

Madison,  Fort,  Me 146 

Magnolia  Bluff,  Wash.  (Fort  Lawton) 

Malabang,  Mindanao,  P.I 328 

Malate  Barracks,  P.  1 329 

Manila  Bay,  Luzon,  P.  I 

Manila,  P.  I.,  Reservations  at 

Mansfield,  Fort,  R.  1 341 

Marietta  National  Cemetery,  Ga 

Marin  Islands,  Cal.  (Brothers  and  Sisters  Islands) 

Marion,  Fort,  Fla ..-. 

Marivales,  P.  1 329 

Marrowstone  Point,  Wash.  (Fort  Flagler) 430 

Martello  Tower  No.  1,  Fla 

Martello  Tower  No.  2,  Fla r 52 


INDEX.  505 

Page. 

Mason,  Fort,  Cal 22 

Massachusetts,  Fort,  Miss.  (Ship  Island) 205 

Mayaguez,  P.  R 335 

McCallum's  Alaska 8 

McClary,  Fort,  Me 143 

McDowell,  Fort,  Cal 22 

McHenry,  Fort,  Md 161 

Mclntosh,  Fort,  Tex 380 

McKenzie,  Fort,  Wyo 453 

McKinley,  Fort,  Me 145 

McPherson,  Fort,  Ga 82 

McPherson,  Fort,  National  Cemetery)  Nebr 223 

McPherson,  Fort,  Rifle  Range,  'Ga 83 

McRee,  Fort,  Fla 50 

Meade,  Fort,  S.  Dak 361 

Mechanic's  Cemetery  (Soldiers'  Lot),  Pa 317 

Melozi,  Alaska 8 

Memphis  National  Cemetery,  Tenn 365 

Mentasta,  Alaska 8 

Mexico  National  Cemetery  (City  of  Mexico),  Mexico ~ 198 

Michie,  Fort,  N.  Y 254 

Middle  Grounds,  Chesapeake  Bay,  Va 410 

Middle  Point  and  Orchard  Point,  Wash 436 

Mifflin,  Fort,  Pa 317 

Miley,  Fort,  Cal.  (Point  Lobos) 23 

Military  and  Naval  Cemetery  near  Sitka,  Alaska 9 

Military  Road,  Va 417 

Militia  Target  Ranges: 
Arizona — 

Near  Phoenix 14 

Near  Tucson 14 

Delaware 40 

Florida 52 

Georgia 84 

Iowa 118 

Maine 146 

Michigan — 

Ann  Arbor 200 

Big  Rapids 200 

Detroit 200 

Flint 200 

Grand  Rapids 200 

Kalamazoo 201 

Saginaw 201 

Missouri 216 

North  Carolina 292 

Oklahoma 300 

Oregon 302 

South  Dakota 362 

Tennessee 366 

Mills,  Fort,  P.  1 329 

Mill  Springs  National  Cemetery,  Ky 128 

Minto,  Alaska 8 

Missoula,  Fort,  Mont 220 

Missouri  (Hdqrs.  Dept.  of),  Nebr 223 

Missouri  Timber  Reserve,  Mo.  (Fort  Leavenworth,  Kans.) 120 

Mobile  Bay,  Islands  in,  Ala 4 

Mobile  National  Cemetery,  Ala 4 

Molate  Island,  Cal 24 

Montgomery,  Fort,  N.  Y 255 

Monument  Site  (Red  Bank),  N.  J 236 

Monument  Site,  Wyo 456 

Monroe,  Fort,  Va 410 

Montague  Point,  Alaska 8 

Monterey,  Presidio  of,  Cal 24 

Moreno  Point  Reservation,  Fla 52 


506  INDEX. 

Page. 

Morgan,  Fort,  Ala 5 

Mott,  Fort,  N.  J 235 

Moultrie,  Fort,  S.  C.  (Sullivans  Island) 348 

Mound  Cemetery  (Soldiers'  Lot),  Wis 449 

Mound  City  National  Cemetery,  111 97 

Mound  City  (Soldiers'  Burial  Lot),  Kans 122 

Mullet  Island  (Fort  De  Soto),  Fla 48 

Myer,  Fort  (Arlington),  Va 397?  417 

N. 

Nahant,  Mass.  (Land  at) 178 

Narrows  Island,  Me 146 

Nashville  National  Cemetery,  Tenn 366 

Natchez  National  Cemetery,  Miss 205 

National  Cemetery  of  Custer's  Battlefield,  Mont 221 

Nee-ah  Harbor  (East  side  of),  Wash 436 

Nee-ah  Harbor  (West  side  of), Wash 436 

Nelson,  Fort,  Va 417 

Nenana,  Alaska 8 

New  Albany  National  Cemetery,  Ind 114 

Newbern  National  Cemetery,  N .  C 292 

New  Dungeness  Harbor  (Lands  North  side  of),  WTash 437 

New  Dungeness  Harbor  (Lands  South  side  of),  Wash 437 

Newport  Barracks,  Ky 128 

Newton,  Fort,  N.  Y 257 

New  York  Arsenal,  N.  Y 257 

Niagara,  Fort,  N.  Y 257 

Niobrara,  Fort,  Nebr 223 

Nome,  Alaska 8 

Nonucan,  Mindanao,  P.  I.  (Camp  Overton) 326 

Norfolk,  Fort,  Va 418 

North  Coronado  Beach  Island  (Fort  Pio  Pico),  Cal 24 

Northfork,  Alaska 8 

North  Point,  Md.  (Fort  Howard) 160 

Nulato,  Alaska 8 

O. 

Oakdale  Cemetery,  Iowa 118 

Oak  Woods  National  Cemetery,  111 97 

Odd  Fellows'  Cemetery  (Soldiers'  Lot),  Pa 318 

Ogden  Observatory,  Utah 390 

Oglethorpe,  Fort,  Ga 84 

Oglethorpe  Fort,  Target  Range,  Ga 84 

Old  Woman,  Alaska -? 8 

Omaha  Depot,  Nebr 225 

Omaha,  Fort,  Nebr 226 

Ontario,  Fort,  N.  Y 258 

Ormoc,  Leyte,  P.  I.  (Camp  Downes) 325 

Orchard  Point,  Middle  Point  and,  Wash 436 

P. 

Parang,  Mindanao,  P.  I 329 

Pasay,  P.  1 330 

Paxon's,  Alaska 9 

Pea  Patch  Island,  Del.     (Delaware,  Fort) 38 

Pelican  Spit,  Tex 381 

Pensacola  Military  Reservation,  Fla 53 

Perdido  Bay,  west  side  of  entrance  to,  Ala 

Perdido  Bay,  east  side  of  entrance  to,  Fla 53 

Philadelphia  National  Cemetery,  Pa 

Philadelphia  Quartermaster's  Depot,  Pa 318 

Phil  Kearney,  Fort,  R.  1 341 

Phoenix,  Fort,  Mass 182 

Pickering,  Fort  (Winter  Island),  Mass -.  182 


INDEX.  507 

Page. 

Pickens,  Fort,  Fla 53 

Pike,  Fort,  La 135 

Pio  Pico,  Fort,  Cal 24 

Pittsburg  Landing  National  Cemetery,  Tenn.  (Shiloh  National  Cemetery) 366 

Pittsburg  Storage  and  Supply  Depot,  The,  Pa 319 

Pittsfield  (Land  at),  Mass 183 

Plattsburg  Barracks,  N.  Y 260 

Plumb  Island  (Kings  County),  N.  Y 262 

Plum  Island  (Suffolk  County),  N.  Y.  (Fort  Terry) "269 

Point  Adams  (Stevens,  Fort),  Greg 302 

Point  Comfort,  N.  J.  (Bayside) 232 

Point  Defiance,  Wash 437 

Point,  Fort,  Tex.     (San  Jacirito) 383 

Point  Hudson,  Wash 438 

Point  Lobos,  Cal.     (Miley,  Fort) 23 

Point  Loma  (San  Diego  Harbor),  Cal.     (Rosecrans,  Fort) 26 

Point  Lookout  National  Cemetery,  Md 163 

Point  Peter,  Ga 85 

Point  Spencer,  Alaska 12 

Point  Wilson,  Wash.     (Worden,  Fort) 445 

Popham,  Fort,  Me 146 

Poplar  Grove  National  Cemetery,  Va 418 

Porter,  Fort,  N.  Y 263 

Portsmouth  Gun  House,  N.  H 230 

Portsmouth,  reservation  at,  N.  H 230 

Port  Hudson  National  Cemetery,  La 136 

Port  Madison  (Agate  Passage),  Wash 438 

Potomac  Highway  Bridge,  Va 419 

Preble,  Fort,  Me 147 

Presidio  of  Monterey,  Cal 24 

Presidio  of  San  Francisco,  Cal 25 

Presque  Isle,  Pa . 321 

Proctor's  Landing  Military  Reservation,  La 136 

Prospect  Hill  Cemetery  (Soldiers'  Lot),  Pa 323 

Prospect  Hill  Cemetery  (Soldiers'  Lot),  Vt 393 

Protection  Island  (Land  opposite  to),  Wash - 438 

Protestant  Cemetery  (Soldiers'  Lot),  Wis 449 

Provincetown,  Mass.     (Long  Point) 178 

Puget  Sound  (at  Narrows  of),  Wash.     (Vashon  Island) 443 

Pulaski,  Fort,  Ga 85 

Punchbowl  Hill,  Hawaii 91 

Puuloa,  Hawaii 92 

R. 

Raleigh  National  Cemetery,  N.  C 293 

Rampart,  Alaska 9 

Rapids,  Alaska 9 

Red  Bank,  N.  J 236 

Reno,  Fort,  Okla 300 

Revere,  Fort,  Mass 183 

Richardson,  Alaska 9 

Richmond  National  Cemetery,  Va 419 

Riley,  Fort,  Kans 122 

Ringgold,  Fort,  Tex 381 

Robinson,  Fort,  Nebr. 227 

Rock  Island  Arsenal,  111 98 

Rock  Island  National  Cemetery,  111 101 

Rock  Island  (Western  approach  to),  Iowa 118 

Rock  Point,  Md.     (Fort  Small  wood) 163 

Rodman,  Fort,  Mass 185 

Rosecrans,  Fort,  Cal.  (Point  Loma) 26 

Rose  Island,  R.  I 341 

Round  Top  and  Sugar  Loaf,  Hawaii 92 

Ruger,  Fort,  Hawaii 92 

Russell,  D.  A.,  Fort,  Wyo 451 

Russell,  D.  A.,  Fort,  Target  and  Maneuver  Reservation,  Wyo 453 


508  INDEX. 

s. 

Page. 

Sabino  Head  (Baldwin,  Fort),  Me 139 

Safety  Harbor,  Alaska 9 

Sag  Harbor,  N.  Y 267 

Sama,  Alaska 9 

Salcha,  Alaska 9 

Salem  (Lot  in),  Mass 187 

Salem  Gun  House,  Mass 187 

Salisbury  Beach,  Mass 187 

Salisbury  National  Cemetery,  N.  C 293 

Sam  Houston,  Fort,  Tex 383 

San  Antonio  Arsenal,  Tex 382 

San  Antonio  National  Cemetery,  Tex 382 

San  Diego  Barracks,  Cal 27 

Sand  Island,  Oreg 302 

Sandy  Hook  (Hancock,  Fort),  N.  J 233 

San  Fernando,  Luzon,  P.  I.  (Camp  Wallace) 326 

San  Francisco  National  Cemetery,  Cal 28 

San  Francisco  (Presidio  of),  Cal 25 

San  Jacinto,  Fort,  Tex 383 

San  Juan,  P.  R 336 

San  Juan  Harbor,  P.  R 336 

San  Juan  Island  (Northeast  point  of),  Wash 438 

San  Juan  Island  (Southeast  point  of),  Wash 439 

San  Pedro,  Cal 28 

San  Pedro,  Fort,  Panay,  P.I 330 

Santa  Fe  National  Cemetery,  N.  Mex 238 

Santa  Rosa  Island,  Fla.  (Fort  Pickens) 53 

Santiago,  Fort,  P.  1 329 

Scammel,  Fort,  Me 150 

Schofield  Barracks,  Hawaii 93 

Schuyler,  Fort,  N.  Y 267 

Schuylkill  Arsenal,  Pa.  (Philadelphia  Depot,  Quartermaster's  Department). . .  318 

Scott,  Fort,  National  Cemetery,  Kans 124 

Scott,  Winfield,  Fort,  Cal 28 

Screven,  Fort,  Ga.  (Tybee  Island) 86 

Seven  Pines  National  Cemetery,  Va 420 

Seward,  Alaska 9 

Seward,  Fort  William  H.,  Alaska 13 

Sewell,  Fort,  Mass 189 

Shafter,  Fort,  Hawaii 93 

Shaw  Island  (Eastern  side  of),  Wash 439 

Shaw  Island  (Western  side  of),  Wash 439 

Sheridan,  Fort,  111 101 

Sheridan's  Point,  Va.  (Fort  Hunt) 409 

Shiloh  National  Cemetery,  Tenn.  (Pittsburg  Landing  National  Cemetery) 366 

Shiloh  National  Military  Park,  Tenn 366 

Ship  Island  (Massachusetts,  Fort),  Miss 205 

Siassi,  P.  1 330 

Signal  Supply  Station,  Alaska  ( Valdez) 9 

Sill,  Fort,  Okla 300 

Sill,  Fort  (Water  Supply  Reserve),  Okla 301 

Sitka,  Alaska 

Skagway,  Alaska 13 

Slocum,  Fort,  N.  Y 268 

Smallwood,  Fort,  Md.  (Rock  Point) 163 

Smith,  Fort,  National  Cemetery,  Ark 18 

Snelling,  Fort,  Minn 202 

Soldiers'  Home  National  Cemetery,  D.  C 42 

Sparta  Target  Range,  Wis 449 

Springfield  Armory,  Mass 187 

Springfield  National  Cemetery,  Mo 216 

Spokane,  Fort  (New  Site),  Wash.  (Fort  George  Wright) 431 

Spokane,  Fort  (Old  Site),  Wash 440 

St.  Andrews  Bay,  Fla 

St.  Augustine  (Two  Islands  near),  Fla 55 


INDEX.  509 

Page. 

St.  Augustine  National  Cemetery,  Fla 54 

St.  Francis  Barracks,  Fla 55 

St.  George's,  Me 150 

St.  John's  Bluff,  Fla 54 

St.  Joseph's  Bay  Reservation,  Fla 55 

St.  Louis  Clothing  Depot,  Mo 216 

St.  Louis  Powder  Depot,  Mo 217 

St.  Louis  River  Military  Reservation,  Wis 451 

St.  Michael,  Fort,  Military  Reservation,  Alaska 12 

St.  Paul  Quartermaster  and  Commissary  Depot,  Minn 203 

St.  Philip,  Fort,  La 136 

Standish,  Fort,  Mass 193 

Stark,  Fort,  N.  H.  (Point  Jerry) 231 

Staunton  National  Cemetery,  Va 420 

Stevens,  Fort,  Oreg.  (Point  Adams) 302 

Stony  Point  Target  Range,  N.  Y.  (Madison  Barracks) 253 

Stones  River  National  Cemetery,  Tenn 369 

Strong,  Fort,  Mass.  (Long  Island) 193 

Subig  Bay,  P.I 331 

Sucia  Islands,  Wash 440 

Sugar  Loaf  and  Round  Top,  Hawaii 92 

Sugar  Loaf  Island  (North  and  South),  Me 151 

Sullivan's  Island,  S.  C.  (Fort  Moultrie) 348 

Sumter,  Fort,  S.  C 359 

T. 

Tacloban,  Leyte  (Camp  Bumpus),  P.I 324 

Tala  Point,  Wash 440 

Target  and  Maneuver  Reservation,  Fort  D.  A.  Russell,  Wyo 453 

Target  Range,  Arcadia,  Mo 213 

Target  Range,  Fort  Brady,  Mich 199 

Target  Range,  Fort  Des  Moines,  Iowa 116 

Target  Range,  Stony  Point,  Madison  Barracks,  N.  Y 253 

Taylor,  Fort,  Fla * 56 

Teikheil,  Alaska 9 

Terry,  Fort,  N.  Y.  (Plum  Island) 269 

Thomas,  Fort,  Ky 128 

Three-Tree  Point,  Wash 441 

Tide  lands,  General  grant  of,  Wash 425 

Tolovana,  Alaska 9 

Tompkins,  Fort,  N.  Y 269 

Tonsina,  Alaska 9 

Totten,  Fort,  N.  Y.  (Willets  Point) 269 

Tower  Island,  Ala 6 

Townsend,  Fort,  Wash 441 

Travis,  Fort,  Tex 387 

Trumbull,  Fort,  Conn 35 

Two  Islands  near  St.  Augustine,  Fla 55 

Tybee  Island,  Ga.  (Fort  Screven) 86 

Tyler,  Fort,  N.  Y 270 

U. 

Unalaklik,  Alaska 9 

United  States  Powder  Depot,  N.  J 236 

V. 

Valdez,  Alaska 9 

Vancouver  Barracks,  Wash 441 

Vancouver  Point,  Wash 442 

Vashon  Island,,  Wash.  (Puget  Sound,  narrows  of) 443 

Vicksburg  National  Cemetery,  Miss 206 

Vicksburg  National  Military  Park,  Miss 207 

Virginia  Key,  Fla 56 


510  INDEX. 

W. 

Waadah  Island,  Wash 443 

Wadsworth,  Fort,  N.  Y 271 

Waianae,  Hawaii  (Schofield  Barracks) 93 

Walcott  Fort  (Goat  Island),  R.  1 343 

Walla  Walla,  Fort,  Wash 443 

Walter  Reed  United  States  Army  General  Hospital,  D.  C 42 

Ward,  Fort,  Wash 444 

Warren,  Fort,  Mass 195 

Warwick  Barracks,  P.I 331 

Washington  Barracks,  D.  C 42 

Washington,  Fort,  Md 164 

Washington  Harbor  (East  Side),  Wash 444 

Washington  Harbor  (West  Side),  Wash 444 

Watertown  Arsenal,  Mass 196 

Watervliet  Arsenal,  N.  Y 275 

Wayne,  Fort,  Mich 201 

West  Point,  N.  Y 280 

Wetherill,  Fort,  R.  1 342 

Whidbey's  Island  (North  Point),  Wash 445 

Whipple  Barracks,  Ariz 14 

Whipple  Barracks  Target  Range,  Ariz 15 

White  Hall  Cemetery  (China  Cemetery) 304 

Whitman,  Fort  (Goat  Island),  Wash 445 

Willets  Point,  N.  Y.  (FortTotten) 269 

William  H.  Seward,  Fort,  Alaska 13 

William  McKinley,  Fort,  Luzon,  P.  1 331 

Williams,  Fort,  Me 151 

Wilmington  National  Cemetery,  N.  C 294 

Willoughby  Spit  (Land  at),  Va 420 

Winchester  National  Cemetery,  Va 421 

Winfield  Scott,  Fort,  Cal 28 

Wingate,  Fort,  N.  Mex 239 

Wint,  Fort,  P.  1 331-332 

Winter  Island,  Mass.  (Pickering,  Fort) 182 

Winthrop,  Fort,  Mass 197 

Winyaw,  Fort,  S.  C 360 

Wood,  Fort,  N.  Y 286 

Woodland  Cemetery  (Two  Lots),  Ohio 299 

Woodland  Cemetery  (Soldiers'  Lot),  111 109 

Woodlawn  National  Cemetery,  N.  Y 288 

Walcott,  Fort  (Goat  Island),  R.  1 343 

Wool,  Fort,  Va.     (See  also  Monroe,  Fort.) 421 

Worden,  Fort,  Wash.  (Point  Wilson) 445 

Workman's,  Alaska 9 

Wright,  Fort  George,  Wash 431 

Wright,  Fort  H.  G.,  N.  Y 247 

Y. 

Yellowstone,  Fort,  Wyo 456 

Yerba  Buena  Island,  Cal 

Yorktown,  Monument  at,  Va 422 

Yorktown  National  Cemetery,  Va 422 

Z. 

Zamboanga ,P.1 332 

Zamboanga  Target  Range,  P.  1 332 

Zuninga  Shoal  Tract  (Fort  Pio  Pico),  Cal *... 

INDEX  TO  APPENDIX. 

Eminent  Domain 459 

Jurisdiction 465 

Taxation .^.g,.... — L^,. 486 

Title ^^??.?MS|V 491 

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